by Gopalan on  August 18, 2009 at 9:45 PM Medico Legal News
Two Australian Transsexuals Win Recognition As Men
Two Australian transsexuals have won legal recognition as men though they still have female reproductive organs.

The transsexuals won an appeal in the State Administrative Tribunal against the refusal of the West Australia Gender Reassignment Board to issue them with certificates recognising "the reassignment of their gender".

The board had ruled against them because they had female reproductive systems, which it said was inconsistent with being male.

But the administrative tribunal said while neither had undergone any surgery to alter their ovaries, uterus or vaginas, or had a penis constructed, both were infertile and had "presented as, and appeared to be, males".

"Both applicants had undergone bilateral mastectomies and testosterone treatment as a result of which each had undergone extensive physical changes consistent with being male," the tribunal said in its finding.

"The tribunal accepted the evidence of each applicant that he intended to continue testosterone treatment for the rest of his life.

"It accepted the medical evidence that each was, and would remain, infertile for as long as he continued testosterone treatment".

The tribunal said it noted that a surgical procedure was not a requirement of the state's Gender Reassignment Act, according to AAP.

A female reproductive system was "a fundamental, although not essential, physical characteristic of being female", it said.

"However, it was not persuaded that the presence of those organs alone, in circumstances in which there was no longer a capacity to bear children ... outweighed the other physical characteristics by virtue of which each applicant is now identified as male."

The identities of both men have been suppressed.

Reacting to the decision, one of them , said "The decision will open up lots of opportunities for me and other people who till now never tried to get their sex legally changed because they didn't think they'd be able to," ABC News reported.

Source: Medindia

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