Hi and welcome to the ZBGC Questions and Answers website. We've passed your question onto a lawyer in our networks and this is what this person had to say:
"In my view, if the person with transsexualism has affirmed and been recognised as a member of one sex, and their partner is of the opposite sex, then they can legally enter into a heterosexual marriage.
The reasoning goes like this:
1. If the person has affirmed a sex and been recognised as a member of that sex, then they meet the criteria that would have seen them granted a new birth certificate if they had been born in Victoria; and
2. They should therefore be entitled to marry a person of the sex opposite their affirmed sex and should not have to seek consent from the Family Court.
That’s how I see it."
We hope you find this helpful.