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"Tica"
Has Sex Change Operation Then
Marries Woman
From the unusual department
comes the story of a Taiwanese
woman, naturalized in Costa
Rica, had a sex change operation
to, months later marry a woman.
Yuan Chai became a Costa Rican
citizen in 1985 when she was a
single woman, years later to
return to Costa Rica as a
married man.
The report was first broadcast
yesterday on Radio América,
telling the story of Chai who
has lived for almost a decade as
man and wife with Hou Sheng-Chu
and her battler to have the
married registered in Costa
Rica's Registro Civil - civil
registry - notwithstanding that
current laws impede such.
Yuan Chai was born in Taipei,
Taiwan, as a woman in 1957.
Years later she emigrated to
Costa Rica and obained her
naturalization in 1986,
registered as a woman.
Following obtaining her Costa
Rican citizenship, Chai returned
to her country of origin and
begins the process of a sex
change. In 1994, Chai, now a
man, married Sheng-Chu, a Taiwan
national who, according to the
story, knew nothing of the sex
change.
Chai, the man, decides to return
to Costa Rica with his wife, to
form a life. In 1999 Chai
decides, again without the
knowledge of Sheng-Su, to change
her civil record to show that
she is now a man.
Not knowing of her partners sex
change and the civil registry,
Sheng-Su decides to register the
marriage to Chai in Costa Rica
and following protocol and Costa
Rican laws, visits a notary
public to comply with the
regulations of registering the
union.
This is where Sheng-Su gets the
surprise of her life, as the
Registro denied registering the
marriage based on the fact that
the husband, Chai, was
registered as a woman. Sheng-Su
tells that up to this time, the
couple maintained a healthy
sexual relationship and never
suspected anything.
Now that the secret was out, the
couple, together decide to
appeal to the Constitutional
Courts against the Registro
Civil for violating their rights
in refusing to register the
marriage, even though Chai was
submitted to a physical exam to
prove his/her change of sex.
Oscar Volaboa zarrabal, lawyer
for the couple, says that the
Registro is acting outside of
its jurisdiction because there
is no authority that can doubt
the sex of a person. Zarrabal
argues that the Registro cannot
deny to register a marriage
based on a person having to
prove his or her sex and being
submitted to a physical exam of
the genitalia.
Marisol Castro, director of the
Registro, differs in opinion.
Castro explains that the
Registro has the legal right to
deny a registration when the sex
of a person is in doubt as a
result of a sex change
operation. For their part,
Registro magistrates, Virginia
Calzada and Fernando Cruz, have
reserved their vote waiting the
outcome of the appeal before the
Constitutional Court.
The couple say that they never
had a problem until coming to
Costa Rica.
For the time being the couple is
being tight lipped about the
situation, preferring to let
their lawyer do the talking and
wait the outcome of the
Constitutional Court decision
before taking the next step. The
couple did indicate to the media
that this is strictly a private
matter and is of no interest to
the country to know their
situation.
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