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WI: Immigrant Spouse Loses Legal Status Because Partner?s Birth Certificate Was Amended to Same Gender After Genitalia Surgery for Health Reasons

By Janet Langjahr

Immigrant woman marries American from Wisconsin.

Due to birth defects, for most of the American’s life, this individual could have been denominated either a male or a female. But the original birth certificate designated this individual a male.

Prior to the marriage, this individual had surgical removal of male genitalia, reportedly solely for health reasons. The individual’s birth certificate was subsequently amended and her gender was re-designated as female.

The month after the marriage, the American went to court to amend the birth certificate to again designate him as male. The American argued that the original amendment was an error.

But the trial court and, later, an appellate court, refused, holding that the American was time-barred from challenging the original amendment of the birth certificate.

The couple’s marriage license was revoked and the marriage annulled, because same sex marriage is not legal in Wisconsin.

As a result, the New Zealand woman was denied a visa to remain in the US.

The American is quite distressed over the woman’s loss of legal status in the US and plans to appeal to the highest court available.

Read more in this Fairfax New Zealand Limited article: Marriage struck down as husband fails to change gender.

Full post as published by Florida Divorce - Child Custody - Domestic Abuse Law on December 30, 2007 (boomark / email).