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Miscellaneous Article

The law and intersexuality

Pages 71-75 | Received 12 Aug 1986, Accepted 06 Nov 1986, Published online: 07 Jul 2009

References and Notes

  • Corbett v Corbett, Dewar J. Transsexualism and marriage (1985). Kingston Law Rev. 1971; 15(1)83, For further discussion, see also (1985) 58, and D. Pannick, Homosexuals, transsexuals and the sex discrimination act, Public Law, (1983) 279
  • Ibid, 106
  • Fraser Sir Kenneth, O'Reilly M., Rintoul J. Hermaphroditus versus, with report of a case. Med. J. Austral. 1966; 1: 1003
  • Ibid, 1006
  • In Re C & D (1979) FLC 90–636 (CCH). Aust. Law J. 1979; 53: 659
  • Finlay H. Sexual identity and the law of nullity. Aust. Law J. 1980; 54: 115
  • Bailey R. Family law — Decree of nullity of marriage or true hermaphrodite who has undergone sex change surgery. Aust. Law J. 1979; 53: 659–660
  • Wilson R. Life and law: the impact of human rights on experimenting with life. Aust. J. Forensic Sci., 17 1985; 61: 79
  • Tan R V, Ors. Queen's Bench Rep. 1983; 1: 1053
  • WLR 1983; 3: 361, 370
  • Holtoway v Arthur Andersen & Co. Fed. Rep. (U.S.A.) 2nd ser. 1977; 566: 659
  • Wilson. Once a man, always a man; once a woman always a woman — Sex change and the law. Med. Sci. Law 1984; 24: 163, and cf. Van Oosterwijck v Belgium (1981) 3 EHRR 557, a case in the European Court of Human Rights concerning a transsexual's right to marry. 80. See also A. Samuels
  • One practical problem faced in Victoria, Canada concerned the jailing of a transsexual convicted of trafficking in cocaine. the convicted person ‘got off on probation when a judge agreed that to send him to either an all male or all female jail might be cruel and unusual punishment.’. Canadian Bar Association, National 1986; 13(5)7
  • Pauly I. B. Outcome of Sexual Reassignment Surgery. Aust. N.Z. J. Psychiat. March, 1981; 45, J. Walinder, B. Lundstrom and I. Thuwe, Prognostic factors in the assessment of male transsexuals for sexual reassignment, Brit. J. Psychiat., January (1978) 16; Gender identity change in transsexuals, A.M.A., Arch. Gen. Psychiat., August (1979) 1001. the problem presented by transsexuals was referred to the Australian Family Law Council by the Federal Attorney-General in 1983. the Council's advice was that, where a person had undergone a genuine operation after suitable counselling, that change should be recognised for relevant purposes and the sex of a person ought not to be treated as immutable but should correspond with that person's gender perception. So far as recent literature on non-surgical approaches is concerned, see

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