Someone sent me an email, asking if a marriage is rendered void when the spouse undergoes gender reassignment surgery, also called sex-change operation. The question reads: “If a man and a woman marry in the Philippines and the man later undergoes gender reassignment, is the marriage automatically void? I have been unable to find specific information and would very much appreciate your help.” Continue reading
There’s an interesting discussion started by Prosec. Ann Tugbang-Torres: “Do you think there should be a law allowing persons who have undergone a sex re-assignment surgery to also change the entry in their Certificates of Live Birth to conform with their current sex?” The way I see it, the issue on allowing a change in gender (as appearing in the Birth Certificate) by reason of sex change is linked with the issue of same-sex marriage.
We recently finished a case for correction of entry in the Birth Certificate, particularly the gender of the client. We had to explain that while the erroneous entry, male instead of female, was not her fault, our laws require a court action before it can be corrected. It is indeed frustrating to spend for legal services when the error was committed by the clerk who prepared the birth certificate. Continue reading
We previously noted that same-sex marriage, while allowed in some U.S. states, is definitely far from being accepted here in the Philippines. This is true even with the increasing trend of sex reassignment or sex transplant. Continue reading
When is a man a man and when is a woman a woman? In particular, does the law recognize the changes made by a physician using scalpel, drugs and counseling with regard to a person’s sex? May a person successfully petition for a change of name and sex appearing in the birth certificate to reflect the result of a sex reassignment surgery? Continue reading