... Kingdom. The test which has been used in similar cases to determine a post-operative transsexuals gender, and which was referred to in this case was that established in Corbett v Corbett1 in 1971. Ormrod J concluded that a person's sex is ascertained at birth and cannot be changed, and this has remained the position in domestic law. "The law should adopt in the first place the first three of the doctors criteria, i.e., the chromosomal, gonadal and genital tests, and if all three are congruent, determine the sex for the purpose of marriage accordingly, and ignore any operative intervention."2 However, this approach has recently been put under scrutiny by the European Court of Human Rights, initially in Sheffield and Horsham3, and more significantly in Goodwin v UK4. The judgement in Sheffield and Horsham criticised the UK for failing to keep the issue of post-operative transsexuals' right to marry under review, in ...

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