September 2019 Guardian
'Transgender man loses court battle to be registered as father
This article is more than 5 months old
Ruling in Freddy McConnell case is first legal definition of a mother in English common law'
(extracts)
"Stonewall, the LGBT charity, said the ruling was “deeply disappointing” and failed to recognise trans parents for who they were. “It’s another example of how current legislation contradicts the fragile equality trans people currently have,” said Laura Russell, the director of campaigns.
Michael Wells-Greco, a partner at the law firm Charles Russell Speechlys, said the ruling “flies in the face of the social reality of this family” while the law firm Irwin Mitchell said it was time England “respect the human rights of the trans community” and follow Canada and Sweden, which allow gender neutral birth certificates.
The judge praised McConnell for “properly and bravely” bringing his case and said there was a “pressing need” for the government and parliament “to address square-on the question of the status of a trans male who has become pregnant and given birth to a child”.
He said existing legislation and UK and European human rights case law “do not themselves directly engage with the central question”.
He conceded that “the social and psychological reality” of McConnell’s relationship with his child was as a father and this was in tension with the law as it stands.
In the Netherlands, for example, trans men who give birth are registered as fathers. (continues)
The registrar’s insistence McConnell be registered as “mother” appeared to him to be a result of an administrative need for every child to have a registered mother and was a breach of McConnell’s rights under the Human Rights Act 1998, his lawyers argued. Finally, those acting for the child applied under the Family Law Act 1986 for a declaration that McConnell was his father.
A representative for the child told the court that it was important for his identity and self-esteem that the birth certificate “reflects the reality of his life”.
“Father means male parent,” they said. “That is exactly what [McConnell] is. Anything else gives the impression of something secretive or shameful. This could lead [the child] to feeling excluded for society and that he is different or odd.”
McFarlane concluded the decision to register McConnell as a mother did not breach his or his child’s human rights and, given the Gender Recognition Act was both retrospective and prospective, it was also in line with that law.
The Aire Centre, a legal charity that helps people assert their human rights, also intervened in the case to highlight the right of children to be protected from discrimination due to the sexual orientation or gender identity of their parents, as well as children’s right to know their lineage.
www.theguardian.com/society/2019/sep/25/transgender-man-loses-court-battle-to-be-registered-as-father-freddy-mcconnell