The Oireachtas must legislate for the complexity of emerging new family situations, according to the Fine Gael spokesman on justice, equality and law reform, Mr Alan Shatter.
He was commenting on the case reported in yesterday's Irish Times of a Russian man seeking a resident's permit on the basis of his marriage to an EU citizen.
Mr Nicholas Krivenko married his German partner in Limerick Register Office last year. The Department of Justice has not granted him a resident's permit, although he has lived here for five years, and is questioning the validity of his marriage because Mr Krivenko was born a woman.
"There is no legislation in this area," Mr Shatter said. "In the context of the complexities of sexuality this is likely to be the first of a number of such family situations. It has been ignored by the Oireachtas, as were most controversial areas of family law in the 1970s.
"The Government is going to have to legislate. It will have to consider updating and reforming the law to deal with this type of difficulty. It would be a pity if it were left to the courts to legislate here."
Mr Shatter added that the Department of Justice should take a humane approach to the situation of this couple. "It is unfortunate that one side of government allowed the marriage to take place and another side is now challenging it."
The Labour Party spokeswoman on equality and law reform, Ms Jan O'Sullivan, said: "If this person was entitled to a resident's permit on the basis of a valid marriage he should get one."
It is understood that in view of the extreme complexity of the law in this area, officials in the Department of Justice are seeking advice from the State's legal officers.
Meanwhile, Insp John O'Reilly of Limerick confirmed that immigration officers in Limerick have not opened an investigation file on the couple's marriage.