Transsexual father wants to be a woman

London: A transsexual claims his human rights have been breached because the law will not recognise him as a woman unless he divorces his wife.

Christopher Timbrell, who has changed his name to Christine, has launched a High Court fight because his marital status barred him from claiming a pension from the age of 60 like other women.

Instead Timbrell, now 68, has only been entitled to claim a pension from the age of 65, like men.

The father of two wants to be formally acknowledged as a woman, without needing to get divorced, and is asking for five years' worth of backdated pension payments from the Department for Work and Pensions.

The retired chartered accountant had a sex change aged 59 but chose to remain married to his wife, Joy.

Churchgoing Timbrell, from Sutton Coldfield, has gone to London's Civil Appeal Court claiming he has fallen foul of the Gender Recognition Act, which came into force in 2005.

Marital hurdle

This states that a man who has undergone gender reassignment cannot legally become female while still married to a woman — as one woman cannot be married to another.

The couple could end their marriage of 43 years and undergo a civil partnership but, as devoted Christians, they say divorce is against their religion.

If Timbrell wins it could pave the way for scores of other transsexuals who remain married to their wives to get legal recognition as women.

Lords Justice Thorpe, Moore-Bick and Aikens heard that Timbrell had known since childhood that he was "different".

When he retired, he said the discomfort of being a woman in a man's body grew "unbearable" and he broke the news to his wife before having surgery in 2000. Timbrell, who has two grown-up children and two grandchildren with his wife, told the court of his "extreme distress" at his current dilemma.

He said: "The government's response to my claim for a retirement pension is that I am a man; I am not. It is humiliating that the government will not recognise this. Joy and I feel strongly that we do not want a divorce."