Judge Douglas Gerlach of Maricopa County is considering the case of Thomas Beatie, who is trying to divorce his wife Nancy, The Arizona Republic reported.
Beatie, born Tracy Lehuanani Lagondino in Oahu, Hawaii, had reconstructive surgery on his upper body in 2002 and has had his birth certificate and license changed to reflect his status as a male.
In 2003, Beatie married Nancy and became pregnant because his wife couldn't have children. He dubbed himself the "pregnant man" and made several appearances on talk shows.
However, now, Gerlach has doubts on the legitimacy of the Beaties' marriage, arguing that although Beatie entered the marriage as a man, he gave birth to three children. Because of this, Gerlach said he is unsure whether he has jurisdiction over the divorce.
Gerlach said he would make a decision in the case by February. In the mean time he said he could go ahead with division of property and child custody under authority of common law.
The Beaties said they want legitimacy in their divorce.
"The bottom line is, we're husband and wife," Nancy Beatie said, "and we want to get a divorce."