Tamara Mladenović*
THE IMPACT OF LEGAL GENDER RECOGNITION ON PARENTHOOD AND PARENTAL RELATIONSHIP
Summary
The evolving nature of parenthood involving transgender parents and their children has become a significant issue in both legal and social discourse. One key development in this area has been the removal of the sterilization requirement, a critical step toward the legal recognition of a transgender individual’s gender. This change, motivated by concerns about preserving traditional family structures, has created complex legal challenges for legislators. These challenges are particularly evident in the need to establish clear legal frameworks that govern the relationship between trans individuals and their biological children. In jurisdictions that specifically address the intersection of transgender and parental status, legal changes have often been driven by judicial decisions. Despite the broader trend toward greater protection of trans individuals’ gender identities, European states generally remain hesitant to align the registration of trans parents in the birth certificates of their children with their legal gender. This paper explores the advantages and disadvantages of various approaches to this issue, as well as the potential consequences of the absence of clear legal provisions in the legal system of the Republic of Serbia. The right of the child to know his or her origin is a critical factor in these discussions and receives particular attention in the analysis.
Key words: transgender persons, sterilization, legal parenthood, maternity, paternity, the right of the child to know his or her origin.