Litigation Degree: First
Case No: 861/2003
Issuing Court: Court of First Instance
Judgment: Favorable, the request for legal gender recognition from male to female was granted
Judgment Date: 28/06/2003
Summary:
The plaintiff filed a claim with the Kuwaiti court of first instance to change her personal data in official documents. This request came after she underwent gender-affirming surgeries, transitioning from male to female, due to her gender identity disorder. The court of first instance accepted the case after reviewing the forensic examination.
Facts:
The plaintiff lodged a claim with the Kuwaiti Court of First Instance, requesting a modification of her personal data in official documents to reflect the change of her gender from male to female following a surgical procedure on 29/6/2000. The plaintiff, who was assigned male at birth on 3/10/1975, has endured ongoing gender identity disorder and has chosen to live her life as a female. This decision has subjected her to personal harassment and societal harm. The Court of First Instance issued an interim judgment, referring the plaintiff’s case to forensic medicine to ascertain her gender. Forensic medicine determined that the plaintiff possesses male chromosomes but exhibits physical and psychological characteristics that are feminine.
Judgment:
In light of the forensic medicine decision, the court has rendered a verdict declaring the case admissible under the Islamic sharia law, which permits gender-affirming surgeries solely in cases of compelling medical necessity. Furthermore, the Court has taken into account the societal interests and has acknowledged the plaintiff’s wish to protect public order and morality in relation to the proliferation of obscenity.