Litigation Degree: First
Case No: 34/2011
Issuing Court: Kirkuk Court of First Instance 
Judgment: Favourable, the request for legal gender recognition from male to female was granted 
Judgment Date: 25/09/2011

Summary:

The plaintiff filed a petition with an Iraqi court requesting a change of legal gender from male to female. This request was supported by thorough medical examinations and multiple gender-affirming surgeries. After presenting the case before the Supreme Council of the Church, the court ruled in favor of the plaintiff based on her Christian faith, thus granting her petition.

Facts:

The plaintiff filed a lawsuit with the Kirkuk Court of First Instance in Iraq, seeking a court decree to modify her gender designation from male to female. Moreover, she requested the revision of her personal information on official documents to reflect her gender transition process. Furthermore, the plaintiff underwent facial feminization surgery and gender-affirming surgery subsequent to various medical examinations.

Judgment:

The Court has granted a positive judgement on the case and acknowledged the plaintiff’s right to receive gender-affirming healthcare. Furthermore, the Court has ordered the competent committees to amend the identification documents in the civil registries to reflect the corrected sex. The Court’s decision was based on the provisions set forth in articles 21 and 22 of the amended Iraqi Code of Evidence No. 170 of 1979, which govern amendments related to civil registries, as well as articles 159, 160, 161, and 166 of the Iraqi Code of Civil Procedure, which establish the procedures for court proceedings. It should be noted that there are no specific articles within Iraqi law that address cases of gender affirmation, reassignment, or correction. Consequently, the law defers to the principles of Islamic sharia law and its jurisprudence to render judgments and rulings in such cases. Given that the plaintiff is of Christian faith, the Court sought the opinion of the Church. As a result, the case was presented to the Supreme Council of the Church, which determined that there were no religious impediments.