Among the emerging and dangerous debates for human societies today is gender and gender change,a phenomenon that is placed in a group called the third category or the neutral group in society due to the fact that a person faces physical,intellectual and psychological problems.This group is exposed to social and legal inequalities.As long as bisexual people are in the situation of delinquency and victimization,their gender plays an important role in the application of the law.The social status of these people in the first place is related to the culture and custom that governs the society, and on the other hand,it is the legislator's approach towards these people and accepting them as a spectrum of society that plays an important role in the lives of these people,which in addition to Medicine has been considered from the perspective of religions.The purpose of this research is to investigate the social rights of two genders and mental in the form of the third category with religious orientation from the legal and criminal point of view.This article is descriptive and analytical and library method is used.Most countries consider transgender people among patients with mental disorders, but the World Health Organization does not consider the neutral group under the title of mental disorder.Although Iran is considered to be one of the pioneers in the field of human rights, according to the jurisprudential fatwa in the field of gender change,transgender people are considered to be the pioneers in the field of human rights,but the law is silent on topics such as retribution, dowry,inheritance, marriage,alimony,etc.and as a result,we will not have unanimity in the judicial process.