Questions Arise Over Whether “Pregnant Man” May Legally Divorce His Partner

Husband and Wife marry in Hawaii.

After moving to Arizona, Husband and Wife have three children born during their marriage.

Husband files for divorce in Arizona.

But the Arizona family court may not grant the couple a divorce…

Because it may not recognize their marriage.

Because Husband was born a woman in Hawaii.

Husband underwent a sex change operation to become a man prior to his marriage to Wife.

But Husband remains a woman internally

And Husband was the spouse who physically bore the three children born while the couple were together.

(Husband reportedly flaunted a beard while pregnant.)

After Husband’s sex change operation, Hawaii recognized Husband as a man, and recognized his marriage to Wife. (But Hawaii also recognizes same sex marriages.)

Arizona, however, apparently views Husband as a female and, therefore, a partner in a gay relationship. Not a marriage, because Arizona does not recognize gay marriage.

And, once again, although in a somewhat novel way, a US state faces the question of whether to entertain divorce for a marriage that could not legally be entered in that state, although it was legally valid in the US state in which it was entered.

The case may also raise unexpected questions regarding child custody of the three children if Husband is held to be their birth mother and Wife is held to be “merely” Husband’s gay partner and not their mother.

An interesting case to follow.

Read more in this New York Daily News article: ‘Pregnant man’ files for divorce – but Arizona questions whether he was actually married and this West Palm Beach WPTV News Channel 5 article: Thomas Beatie, ‘pregnant man,’ files for divorce from wife Nancy Beatie; Judge questions marriage.