Am I able to get married in Melbourne after I have completed and received my recognised details certificate? Thank you!

Question

Is there any way possible that i can be legally marry in Vic with my partner? Because in the country where I was born.. it'll be a problem for me to be able to change my sex in my birth certificate because it is not allowed in our country. So i was thinking if there is any possible way that i can be able to change it and live in Vic as legally male.

Thank you once again!

Answer 1

Hi and welcome to the ZBGC Questions and Answers website. We've passed your question onto a lawyer in our networks and this is what this person had to say:

"In my view, if the person with transsexualism has affirmed and been recognised as a member of one sex, and their partner is of the opposite sex, then they can legally enter into a heterosexual marriage.

The reasoning goes like this:  

1.  If the person has affirmed a sex and been recognised as a member of that sex, then they meet the criteria that would have seen them granted a new birth certificate if they had been born in Victoria; and

2.  They should therefore be entitled to marry a person of the sex opposite their affirmed sex and should not have to seek consent from the Family Court.

That’s how I see it."

We hope you find this helpful. 

 

Answer 2

This was tested in Re: Kevin in 2001 - http://en.wikipedia.org/wiki/Re_Kevin_%E2%80%93_validity_of_marriage_of_transsexual .  However, I'm pretty sure Kevin had an updated birth certificate.

Answer 3

As long as it's isn't a same sex relationship after you change sex, you can get married because gay marriage isn't legalised