Reconciling Gender Identity and Legal Status in Cross-Border Family Relations

Abstract

It is becoming increasingly evident that family relationships are undergoing a period of profound change, driven by social developments over recent decades. The freedom of thought enjoyed by modern individuals, the search for self-identity, and changing attitudes towards the structure of relationships are having a profound influence on concepts of family, gender, and the traditional roles assigned to them. In this social context, the institution of the family faces new challenges, including the legal recognition of gender identity. With the legal change of a person’s sex and the recognition of their new status, a number of questions arise regarding family relationships, the continuity of marital status, and the effects on filiation. In a European space characterized by legislative diversity and freedom of movement of individuals, these cross-border situations test the limits of the principles of mutual recognition, protection of privacy, and non-discrimination.