Abstract:
The law relating to the capacity of sex-change transsexuals to contract marriage is fraught with difficult policy considerations.  [Lim Ying v Hiok Kian Ming Eric [1992] 1 SLR 184], the first Singapore decision dealing with this fails to deal with the conflicting policy questions adequately. …  The writers suggest that upon the weighing of the pros and cons, the balance should tilt in favour of allowing the sex-change transsexual to contract marriage in his or her newly assigned sex.  A new test of determining sex, as regards the capacity to contract marriage, is submitted.  This article will consider alternative ways by which married couples of such marriages may free themselves from what they may subsequently perceive to be a burdensome marital commitment. …