Jurisprudential investigation of the consequences of changing parents' gender on the issue of guardianship and custody of their children

Subject Areas : Social Researches

Sayyed mohammad Hoseini ¹ , Mohammad Mahdi Kariminia ²

1 - Assistant Professor at Razi University, Kermanshah, Iran
2 - University

Received: 2022-11-24 Accepted : 2022-11-24 Published : 2022-10-23

Keywords: Guardianship, gender change, custody,

Abstract :

Guardianship of children and their custody are two important things in the family institution. According to Shia jurisprudence, the guardianship of children is the responsibility of the father and their custody is the responsibility of the mother. Now we have to answer the question, what effect does change the gender of parents have on guardianship and custody of children? In response to this question, this research investigates two points of view with a descriptive-analytical method. First, because the father loses the title of a father by changing gender and the mother loses the title of mother by changing gender, their custody and guardianship over the child are lost. On the other hand, some jurists consider it possible to remain in their guardianship and custody. Because in the social context, people call those who were parents before the gender change because the title of each parent cannot be taken away from them by gender change.