In a preliminary ruling delivered today in a case litigated by ECSOL-member Caroline Mécary (Geoffrey Léger v Ministre des affaires sociales et de la santé, Établissement français du sang, C-528/13) the Court of Justice of the European Union (CJEU) has held that men who have sex with men (MSM) may not be subjected a priori to a blanket ban on donating blood.
In a resolution adopted today, the Parliamentary Assembly of the Council of Europe (PACE) called for abolition of the legal requirement of sterilisation and other compulsory medical treatment in laws regulating the procedure for changing a name and registered gender. Consideration should be given to the possibility of “including a third gender option in identity documents for those who seek it”.
Since only married and unmarried heterosexual couples have access to heterologous insemination in Germany, same-gender female couples often resort to the ‘cup method’ at home. For sperm bank donors, it is assumed that they waive all parental rights by wishing to remain anonymous. The Federal Supreme Court (Bundesgerichtshof) decided that this assumption cannot be applied to private donors without more, thus making it more difficult for female couples to form a legal family. These couples have to reckon with sperm donors changing their minds and preventing the adoption – a problem that only exists because, unlike husbands, registered partners do not automatically become legal co-parents of children born into the partnership.
The European Court of Human Rights (ECtHR) issued on 10 March 2015 a judgment dealing with the prerequisite of sterility of a trans person and the denial by the Turkish authorities to authorise gender reassignment surgery.