Guardian
'Transgender man loses appeal court battle to be registered as father
Freddy McConnell, who lived as a man before giving birth, hopes to take case to supreme court'
(extract)
"A court of appeal panel headed by the lord chief justice, Lord Burnett, effectively came down in favour of the right of a child born to a transgender parent to know the biological reality of its birth, rather than the parent’s right to be recognised on the birth certificate in their legal gender.
McConnell said it was “distressing to be a trans person and have your most fundamental rights overlooked”. But he urged trans rights activists not to despair and said he would apply to the supreme court for permission to take the case to the highest level.
The LGBT rights charity Stonewall said it was “a disappointing blow for trans communities”. Laura Russell, its director of campaigns, policy and research, said: “Once again, the courts have missed a vital opportunity to send a positive message that recognises all parents, including LGBT parents, for who they are.” (continues)
McConnell began medical transition with testosterone therapy in 2013 and in 2014, and underwent a double mastectomy. His passport and NHS records were changed to show he was male. But he retained his female reproductive system. He gave birth in 2018 after suspending his hormone treatment and allowing his menstrual cycle to restart. The process was captured in the documentary film Seahorse, a reference to the fish that reproduce through male pregnancies." (continues)
Continuing to call McConnell and other transgender men “mother” on their children’s birth certificates would protect the rights of their children to know who gave birth to them and that person’s status, the appeal court found.
It also said an infringement of McConnell’s rights to family life under the Human Rights Act was justified by the need to maintain “a clear and coherent scheme of registration of births”. It said that, in the context of IVF and surrogacy, parliament had made clear that the person who gives birth to a child is always described as the mother of that child, even if it was not her egg that was fertilised.
The judgment added: “The law is clear that a child only ever has one mother, although there may be more than one ‘parent’.”
McConnell said Burnett’s ruling set the rights of the child and parent in conflict and that this did not reflect reality." (continues)
www.theguardian.com/society/2020/apr/29/transgender-man-loses-appeal-court-battle-registered-father-freddy-mcconnell