{"id":960,"date":"2021-06-28T17:15:29","date_gmt":"2021-06-28T09:15:29","guid":{"rendered":"http:\/\/devwp.visibleone.io\/p136\/?p=960"},"modified":"2023-02-23T14:42:06","modified_gmt":"2023-02-23T06:42:06","slug":"transsexual-marriage","status":"publish","type":"post","link":"https:\/\/familyclic.hk\/en\/topics\/matrimonial-matters\/marriage-and-co-habitant-issues\/transsexual-marriage\/","title":{"rendered":"Transsexual marriage"},"content":{"rendered":"

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X. Transsexual marriage<\/h1>\n

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Transsexual persons are those who have changed from one sex to another. Normally transsexuals change their gender by undergoing a sex reassignment medical treatment and surgery. They can then apply to change to a new identity card (HKID card) with the newly acquired gender.<\/p>\n

According to\u00a0section 40<\/a>\u00a0of the\u00a0Marriage Ordinance<\/a>\u00a0, marriage involves a voluntary union for life of one man and one woman to the exclusion of all others.<\/p>\n

The Court of Final Appeal decision in\u00a0W v Registrar of Marriages<\/a><\/em>\u00a0recognize a transsexual\u2019s right to marriage. It was declared that the meaning of \u201cwoman\u201d and \u201cfemale\u201d includes a post-operation male-to-female transsexual person whose gender has been certified by an appropriate medical authority as having changed after sex reassignment surgery. Accordingly, the Court held that under the law \u201cW\u201d is entitled to be included as \u201ca woman\u201d under the relevant provisions of the Marriage Ordinance, and therefore is eligible to marry a man.<\/p>\n

Further, the Court of Final Appeal held in Q & Tse Henry Edward<\/em> v Commissioner of Registration<\/em><\/a> that the underlying policy of the Commissioner of Registration requiring a full sex reassignment surgery (which involves a highly invasive surgery to remove the uterus and ovaries and construct an artificial penis for the female to male transgender persons) before amending the gender markers on their HKID cards, was unconstitutional. In other words, the completion of full sex reassignment surgery is not a necessary condition for amending the gender markers on transgender persons\u2019 HKID cards. The appellants in that case have been medically certified that additional surgical procedures are not needed, the surgery carries certain post-operative risks and possible complications, and is medically unnecessary for many transgender persons, including the appellants.<\/p>\n

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[et_pb_section fb_built=”1″ _builder_version=”3.22″][et_pb_row _builder_version=”3.25″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”][et_pb_column type=”4_4″ _builder_version=”3.25″ custom_padding=”|||” custom_padding__hover=”|||”][et_pb_text admin_label=”An overview” module_class=”posttitle” _builder_version=”4.9.7″ background_size=”initial” background_position=”top_left” background_repeat=”repeat”] X. Transsexual marriage [\/et_pb_text][et_pb_text _builder_version=”4.9.7″ background_size=”initial” background_position=”top_left” background_repeat=”repeat” hover_enabled=”0″ sticky_enabled=”0″] Transsexual persons are those who have changed from one sex to another. Normally transsexuals change their gender by undergoing a sex reassignment medical treatment and surgery. They […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"

Adoption is a legal process by which parental rights and responsibilities over a child are transferred from the birth parents to the adoptive parents. An adoption in Hong Kong must be effected in accordance with the Adoption Ordinance , Cap. 290<\/a> , Laws of Hong Kong. The guiding principle in the adoption process is the \u201cbest interests of the child\u201d ( section 8<\/a> of the Adoption Ordinance<\/a> ).<\/p>

Local adoption service in Hong Kong is provided by the Adoption Unit of the Social Welfare Department and three non-governmental organizations, as Accredited Bodies:<\/p>