(Chicago, Illinois)  A Chicago judge Tuesday ruled a transgender male cannot be granted parental rights because same-sex marriages are illegal in Illinois and therefore the man was never the boy's legitimate father.

The man is the only father the boy, now 11, has ever known. Cook County Public guardian Patrick Murphy, who represents the child, said the boy wants to live with his father.

The names in the case are protected by the court. 

The man, who was born with a female anatomy, began hormone therapy 24 years ago at the age of 18. Both ovaries and uterus were removed in 1991, and the birth certificate was changed to reflect the gender correction.

The child was conceived through artificial insemination and both parents signed a contract, agreeing to raise the child. The boy was born July 20, 1992. The names of both parents were entered on the birth certificate.

The couple separated in the mid-1990s.

Attorney Burt Hochberg, who represents the mother, said even though the couple underwent a marriage ceremony in 1985 and a minister signed a marriage certificate, the union was void because the man had not yet undergone reconstructive surgery and was still considered legally a woman.

Judge Gerald Bender agreed.  In a 13-page ruling Bender said that although the boy had established a bond with his "father," the man had no legal standing to seek custody

Citing case law that the child's best interest should be the controlling factor in determining visitation rights, Bender did rule that visitation would be allowed to continue.

Susan Goreczny, the lawyer for the father, left the courthouse without speaking to reporters. The father was not present in court.

Murphy said the case would be appealed.