If a married man has a full sex change can the former he (now she) remain married legally to the wife?

Answer 1

Yes its legal. To do you one better, I know of two men who underwent sex change operations and got married while one was still male.

Answer 2

As far as British Law is concerned - if the marriage prior to the man's transition was consumated and after the transition the former male partner has no wish to pursue gender recognition legally as a female then yes; they can remain married legally (as long as the wife hasn't filed for annulment or divorce prior to this).

However, it may be difficult to convince a gender identity clinic of the sincerity of transition if the former male did remain married (less so these days than ten or twenty years ago); something which might hinder transition itself. Also, if the new woman wanted legal recognition as a woman (also allowable under UK law), the gender recognition panel would require they divorce the former wife legally (not necessarily separating but removing legally binding marriage) or else if it was found that they were married after the new identity had been recognised legally the marriage would be annulled (hence a legal female still cannot marry another legal female regardless of whether one used to be the other's husband).

Ethically - well, if both parties consent to such a relationship then said gesture would be beneficent, non-maleficent, autonomous and justifiable hence it would by definition also be "ethical". It would NOT be ethical if either party were not fully informed or part of the process since one or other party's right to autonomy and hence consent would have been denied.

Complicated? Yes. But it is a lot fairer than it used to be. Perhaps the bigger question remaining now is, why should same sex marriages not be allowed anyway? None of this would matter so much then and if one person loves another and wants to make that commitment legally, what right does anybody else have to deny them that security based purely on institutionalised discrimination?

Answer 3

If the wife wants to stay married after that. That would kind of be a deal-breaker for me.

Answer 4

just because they have the surgery does not mean it has anything to do with the marriage.the he will remain the he in the marriage.just because the have the surgery it does not make them a female. it makes them a male that has had the surgery

Answer 5

actually I saw a couple just like you describe on some talkshow a several years back. he had a sexchange and she stayed married to him.