Transsexuality in an Existing Marriage
What happens to a marriage's legal status if one partner has a sex-reassignment surgery? If the couple has decided to remain married, they can generally avoid legal issues.
However, complications can crop up when one partner dies and the other tries to get tax or survivorship benefits or inheritance.
In this case, a health insurance provider or employer might protest the marriage's legal efficacy if they are attempting to keep a partner out of the employer-provided health plan.
However, according to legal convention, whether a marriage is valid or not is set at its creation.
Currently, the only cases that can terminate a marriage are divorce or death.
Therefore, if one or more of the spouses has a sex-reassignment surgery, the aforementioned principles would apply to their marriage.
What can transgendered persons legally do? Transgender persons may perform the following in the state of California:
Recommendations to protect the marriage To avoid complications and questioning of the marriage's validity, the transgendered person should do the following:
However, complications can crop up when one partner dies and the other tries to get tax or survivorship benefits or inheritance.
In this case, a health insurance provider or employer might protest the marriage's legal efficacy if they are attempting to keep a partner out of the employer-provided health plan.
However, according to legal convention, whether a marriage is valid or not is set at its creation.
Currently, the only cases that can terminate a marriage are divorce or death.
Therefore, if one or more of the spouses has a sex-reassignment surgery, the aforementioned principles would apply to their marriage.
What can transgendered persons legally do? Transgender persons may perform the following in the state of California:
- Change their sex designation on birth certificate
- Adopt children
- Be a foster parent or be a member of the foster agency staff
- Pursue second-parent adoption
Recommendations to protect the marriage To avoid complications and questioning of the marriage's validity, the transgendered person should do the following:
- Specify medical and financial powers of attorney in case the individual becomes incapacitated
- Create a last will and testament
- Write a personal relationship agreement detailing the rights of each partner regarding all issues of significance to them
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