Possibility of transferring Adoption of children and adolescents to transgender persons under the Convention on the Rights of the Child and the Rights of Iran

One of the phenomena related to the development of medical knowledge is the issue of gender reassignment of transgender people (Ts), which after the Islamic Revolution in Iran with a broad interpretation of jurisprudence proposed by Imam Khomeini who oversees bisexuality (or what is sometimes called neutral) has been used to refer to sex reassignment surgery and the creation of artificial or imperfect penises that cannot be reproduced. Therefore, the aim of this study was to explain the possibility of adoption of derelict children by transgender people who have a history of psycho‐behavioral disorders; especially since the law is silent. The method of present study was descriptive‐analytical and the method of collecting information was based on the study of the library of documents and receipts, as well as obtaining interviews and inquiries.

According to legal and jurisprudential arguments, the theory of the General Legal Department of the Judiciary and the principle of expediency of Iran and the Convention on the Rights of the Child, giving adoption of derelict children to transgender people is not allowed, whether before or after gender reassignment surgery, and this is contrary to the principle of expediency and the principle of caution, because with gender reassignment, people with sexual identity (transgender) disorder have primary creation. They have not changed, and only physical appearances have changed with surgery, and their genomes have been and will be the first sex, and they will experience or have a collection of mental and behavioral disorders, while children's right is having a family free of psychological and gender problems.