THE The impact of gender self-determination on the legal status of marriage and parenthood

Abstract

Gender self-determination has an impact on other family statutes in which gender is a relevant element, such as marriage or parentage. The impact of gender selfdetermination on marriage may affect the possibility of its conclusion, its effectiveness or even its nullity. The absence of a lex matrimonii in the Spanish PIL system raises doubts about the qualification of gender within the marriage institution. The impact on parentage requires delimiting the scope of application of the law applicable to self-determination and the law applicable to parentage, which may give rise to a problem of preliminary/incidental question. Gender self-determination also influences the identity of the spouse or child, creating a clash between the different interests at stake. The play of public policy and the limits derived from the registry law of the forum are elements that condition the