Proctorship and Custodianship of the Transsexual Parents’ Children Based on their Expediencies

In the discussions about the legal status of the transsexual individuals following gender reassignment, not only the verdicts pertinent to the individual him or herself but also those pertaining to the other individuals who are entitled to certain rights due to familial relationships would undergo changes. Amongst the numerous legal discussions about this subject, the proctorship and custodianship statuses of the children are of great importance due to the sensitivity of their positions with an emphasis on the principle of expediencies and exigencies.

This is a theoretical research using a descriptive-analytical method; the information has been gathered through documentary library studies.

Ethical Considerations: 

The documentations and the investigations of them have been carried out in adherence to the ethical considerations in all the study stages, including data gathering and analyses.

Some rights are influenced by the gender but, of course, with the observance of fairness between men and women; so, the specific rights of each of the spouses should be specified based thereon in the families hence they are variable. Amongst the parents (spouses)’ acquired rights is the proctorship and custodianship of the children and the decision-making in this regard is based in every legal system on the perceptions of that system about the children and the concept of childhood as well as the enjoyment of certain effective scales. In Iran’s legal system, this scale has been considered under the title of "expediencies".

Considering the fact that the primary pivot of the discussions about the children’s proctorship and custodianship is their expediencies, each of the parents can keep on holding their children’s custodianship and proctorship in case that gender reassignment does not cause any physical damages to the children otherwise these rights are aborted. In case that the gender reassignment is found not causing harms to the children, there would remain no reason for the abortion of such a right. Of course, the abortion would be ruled if otherwise is proved.