A post-operative transsexual has been told by Australian authorities that in order to be registered as her correct sex she must divorce her wife.

Completing her gender reassignment in 2002, the unnamed woman, who is happily married, has been unable to change her gender on her birth certificate in her current married status as same sex marriage is still banned in Australia.

The couple took the case to court claiming discrimination on the grounds of gender and marital status but the case has been dismissed from both federal court and the appeal court.

Marriage in Australia remained undefined up until 2004, when a new law was passed to specify the union between a man and a woman.

Civil partnerships are also not recognised by Australian federal law.

Transsexuals in Australia who are still in the process of transitioning are now banned from having their intended gender on their passports following an amendment made to passport legislation earlier this year.

This was highlighted when Stefanie Imbruglia, a cousin of singer Natalie, attempted to obtain a temporary passport so she could travel to Thailand for gender reassignment surgery and was told she would have to travel with a male passport.