ABSTRACT
This chapter uses the terms 'intersexual', 'intersexuality' and 'intersex' as synonyms, following Suzanne J. Kessler's use of the term 'intersexual' to refer to intersexed persons who choose this word to label their own identity. When referring to the past and the historical regulations it uses the term 'hermaphrodite', because this was the historical notion. The chapter analyzes the law from a queer/feminist perspective, is intended as a contribution to Queer Legal Theory, an evolving discipline, and also as a challenge to the fundamental tenets of the legal gender order. Queer Theory is nearly unknown in German jurisprudence, and a Queer Legal Theory, introduced by Holzleithner, is only in its infancy. The chapter examines the current legal situation of intersexuals in Germany. It analyzes the lawfulness of parental consent to genital reconstructive surgery performed on their children, referring to German Criminal Law and three decisions of the Colombian Constitutional Court.
