Skip to content
Formerly Hosted by the Law Professor Blogs Network

New Questions Arise After Hong Kong Allows Transsexual Marriage

Hong-kong-colorfulness

Following a court ruling allowing for transsexuals to marryin Hong Kong’s New Territories, new questions have arisen concerninginheritance rights, matrimonial rights, and sex offenses.

By covering male-to-female transsexuals under the definitionof “woman,” does a male-to female transsexual lose inheritance rights underHong Kong’s male-line inheritance?  Doesa female-to-male transsexual gain these rights?

Another issue is whether a man with children who chooses tobecome a female loses her duty to be a “father.”  Also, only women can be raped under Hong Konglaw, so can transsexuals be considered victims?

Although the legislature has not yet considered theseissues, scholars believe the right to marry will coincide with associatedrights of inheritance, divorce, and adoption.

See Patsy Moy andStuart Lau, Transsexual Marriage RulingOpens Door to Questions of Inheritance, South China Morning Post, May 14,2013.

Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.