Legal Question in Family Law in Florida

Marriage to a Florida born Transsexual woman

I am planning to marry my girlfriend who happens to be a transsexual woman. She was born in Florida and cannot legally change her birth gender on her birth certificate. Can we legally get married as man and woman or will it be treated as a same sex marriage?


Asked on 6/01/02, 6:29 pm

1 Answer from Attorneys

Sanford Martin Martin Law Office

Re: Marriage to a Florida born Transsexual woman

Florida law, ch. 741.212 prohibits same sex marriages, and does not recognize same sex marriages from other jurisdictions. County Clerk of Courts cannot issue marriage licenses to persons of the same sex. Therefore, it is necessary to show that your intended wife is a woman, by documentary evidence such as birth certificate, passport, drivers license, etc. or through medical affidavits from physicians. You are advised to consult with a family law attorney who can discuss legal options.

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Answered on 6/01/02, 10:12 pm


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