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Pregnant Man Denied Divorce

Posted By Attorney Jim Cairns || 1-Apr-2013

"The pregnant man", Thomas Beatie, was denied a divorce in the state of Arizona. Judge Douglas Gerlach did not recognize (as being legal) the marriage between the Beaties as a partnership between a male and a female. Not recognizing the marriage being legal meant that a divorce could not be granted.

Thomas Beatie was born a female in the state of Hawaii, but later changed his gender. The court stated that Beatie failed to prove that he was a man when he married. Judge Gerlach stated that there was insufficient evidence produced by Beatie attesting to exactly what steps had been taken for him to become a man.

The ruling does have affect on the children and how they will be co-parented. Nancy, his wife, will not receive child support because the marriage was ruled invalid. In a separate ruling, the court gave both parents the legal right to make decisions for their children.

As early as 1979, Beatie started taking testosterone - also at the time he declared himself a man. The process of transitioning from a female to a male took several years. In 2002 his birth certificate was officially changed to state that he is a male. That same year he had a double mastectomy.

Due to his wife's inability to have children, Beatie did stop taking testosterone in order to have children. During those times he became pregnant and gave birth a total of three times. The current ages of his children are two, three and four years old.

Beatie stated he will file an appeal. He believes his Hawaiian marriage should be viewed as legal and valid. At the time when he changed his birth certificate he was not asked to produce documentation regarding what reproductive body parts he had.

In 2003, the coupled married and nine years later filed for divorce. He is keen on having a divorce granted, especially since he would like to marry his current girlfriend.

This is not the first case to address transgender divorce. There have been other court cases of individuals having to prove their marriage as valid. Members of the transgender community have suddenly found their private lives in the public spotlight. Information such as a person's birth name and medical history can become public information. This leaves the person vulnerable to discrimination and possible violence.

Should you be interested in learning more about Beatie's personal life challenges from his personal point of view then you may want to pick the book "Labor of Love: The Story of One Man's Extraordinary Pregnancy".