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Pregnant Man Struggles During Divorce

Posted By Attorney Jim Cairns || 7-Feb-2013

The individual know as the "pregnant man", Thomas Beatie, has once again captured international headlines with his divorce. Beatie has found himself in a heated battle in an attempt to keep custody over his three children. Maricopa County in Arizona is scheduled to make a ruling at the end of this month.

Beatie first came to the public's attention when he was recorded as being the first man to get pregnant. He started his life as a woman, Tracy, but since the late nineties has been living his life as a male. Before getting married in 2003 he had a sex change, but kept the female reproductive organs. Due to his wife's infertility he gave birth to three children.

The couple has endured substantial drama. When their children were born they received death threats, though they also received positive encouragement from others. In addition, both Thomas Beatie and his wife Nancy Beatie have made allegations of abuse. Nancy has had a restraining order issued against her, only allowing her to visit her children for six hours a week - after an incriminating video was shown in court.

Delay has occurred in the Beatie's divorce court case due to new territory being charted with a transgender divorce and a male giving birth. Currently the court is trying to determine if the marriage was valid to begin with. Arizona does not allow for same-sex marriage. Yet in Hawaii, where Thomas is from, his marriage is considered valid.

A determining question has been whether the couple have a same sex marriage or a heterosexual marriage. There are several documents being scrutinized during the proceeding of this divorce. Thomas' passport does list him as being male. Also, he had a state approved sex change before marrying Nancy.

Although Thomas has been recognized as a male by his home state and government documents the court is questioning his gender. Due to the fact that Thomas kept his reproductive organs he may not be considered a male in the upcoming ruling. One of the questions the judge will decide is if Thomas was the mother at the time of the birth of his children.

David Michael, Thomas' attorney, stated that Thomas does not want his marriage to be ruled as invalid. He is concerned that his children could be considered born out of wedlock.