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Case No. 80/2017 Judgement No. 234 – Syria

Litigation Degree: First
Case No: 80/2017 Judgement No 234
Issuing Court: Civil Status Court 
Judgment: Favourable request for document change was granted; however, the plaintiff was intersex and not transgender
Judgment Date: 07/11/2017

The Syrian Civil Status Court has granted approval to the plaintiff, “Ahmed,” for the correction of their sex designation from female to male. This request has been made due to the plaintiff’s congenital genital deformity, which has resulted in the presence of solely male traits and the absence of female traits.

The plaintiff lodged a lawsuit before the Syrian judiciary on 5/6/2016 seeking a legal determination to amend their gender from female to male. As a necessary consequence, the plaintiff requests the modification of their personal information on official documents to align with their corrected gender, including a name change from “Batoul” to “Ahmed.” The plaintiff affirms their female birth in Damascus on 8/6/1981 but highlights the development of masculine physical characteristics during their adolescence, along with the presence of male intersexuality. Furthermore, the plaintiff states that they underwent thorough medical examinations, which confirmed their condition and the necessity of sex reassignment surgery from female to male.

The Syrian Civil Status Court has accepted the case and rendered a judgement regarding the plaintiff’s right to undergo a sex correction operation, changing their gender from female to male. This decision is in accordance with articles 12, 17, 64, and 204 of the Code of Due Process and Legislative Decree No. 26 of 2007 concerning civil status, as well as Act No. 1 of 2012. The grounds for this ruling are as follows: 1. The plaintiff has been consistently identified and treated as male since childhood. 2. The plaintiff possesses both female and male chromosomal traits. 3. The plaintiff exhibits male physical characteristics, such as the presence of a moustache and beard. 4. The plaintiff does not possess male or female genitalia. The court emphasises, however, that if the plaintiff possessed male or female genitalia, the claim would not have been admissible. The court has approved the sex reassignment process due to the plaintiff’s condition of intersexuality at birth, which led to errors in the registration of their name and gender on the birth certificate.

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