Not RTFT and not a lawyer but I can’t see how this case could succeed, legally speaking.
Article 8 of the Human Rights Act (right to respect for private and family life), incorporates the right to personal identity. There is also Article 14, the anti-discrimination provision.
As I understand it, this combination of rights would seek to defend the rights of all individuals to the information necessary for an understanding of their personal identity.
So in this scenario as the parent you would be saying to your child that you are a man who was pregnant with them, also that you were a man before they were born, despite you being at that point being able to make eggs/carry a pregnancy, which only females’ bodies can do.
and you would be saying to your child that they were either born from your female ‘man’s’ body (or were born from a surrogate’s female body, the female who had carried your female ‘man’s’ egg that you had added male sperm to into an embryo and then asked the surrogate to carry for you to grow into a baby).
But then after a relatively short amount of time out in the wider world your child would understand that this claim that you are a man, and were a man before they were born, is completely at odds with anything you are telling him about your part in their genetic heritage, conception and/or gestation and birth. This will be very distressing for the child who will feel misled about personal, fundamental truths to their identity. They are not going to give a crap what the GRA certificate says, if they haven’t been told the truth they will be very distressed.
We know this is true, from closed adoption which is why we don’t do this any more in the UK-we don’t keep the fact of the adoption secret from the child because we have seen that allowing people to grow up not being told the truth of their origins can be very emotionally damaging to them.
This is not to say that people can’t explain to their kids about their transition to ‘live as’ a man or a woman in an age-appropriate way. Nor to say that people can’t ask their kids to treat them in a way that feels appropriate to the parent’s ideas of who they are.
But it can’t ever be OK to pretend to your child that you have always been a man or always been a woman, when your relationship to them is living proof of the biological facts.
Putting father on your child’s birth certificate to match what it says on your GRA, is an obfuscation of biological fact by legal fiction.
There isn’t anything wrong with legal fictions per se, but only when they are beneficial. This would not be a legal fiction of advantage to the child, and it well could be of enormous emotional detriment to them if they are not told of their parent’s history and transition.
Even if children are told of the transition history by their trans parent/s, the mother as listed on the birth certificate (i think) should be the woman-bodied-person who gave birth to them.
(If in a surrogacy arrangement then there are legal provisions available to transfer the legal parenthood from the surrogate to the intended mother).
This seems most respectful of the child and most likely to contribute to the information necessary for an understanding of their personal identity as is the human right of everyone to have available to them.