French TW earns right to be named as mother on birth certificate

[BluebonicPlague]

On Tuesday, June 23, The Advocate General of the Court of Cassation recommended that[ ...] “The designation of the parent in the child’s birth certificate […] must take into account the reality of the civil status of each parent,” The Advocate General wrote in her opinion.

The parent in question obtained the civil status of woman in 2011.
In 2014, the [appellant and their] wife had an additional child, a daughter, by standard “carnal procreation.” The [appellant] had “prenatal recognition of maternity for the unborn child established as a non-gestating mother before a notary” in 2013. [The appellant] requested that the town hall transcribe this maternity recognition on the civil status registry. The registrar refused, stating that the two options [...] were to either be listed as the father on the child’s birth certificate, or to adopt [the appellant's] own daughter as a second mother.

They refused and went to court, failing in the first instance but appealed.

Last Tuesday, The Advocate General of the Court of Cassation found that there is an infringement on the child’s rights and a violation against transgender parents when the civil status of a parent’s gender identity is not allowed to inform the parental relationship that gets recorded on a child’s birth certificate. The individual is “of the female sex recognized by judgment,” and therefore, “must appear on her daughter’s birth certificate as a mother,” the general counsel wrote.

The Advocate General’s opinion suggested that judges affix a notice of the judgement of the individual’s ‘sex change.’ The lawyer took issue with this portion of the opinion. “Such a mention would reveal the transidentity of my client. It does not respect her right to privacy and it disregards the best interests of the child,” Mr Stoclet stated. “Since 2011, the Republic recognizes that she is a woman, recognizing her as a mother is a story of coherence.”

The battle to be listed as mother has been through several stages of appeal and the Advocate General's recommendation will be considered by the Court of Cassation on 16 September, when they are expected to accept her recommendation.

Read more at:
www.womenarehuman.com/man-scores-win-in-legal-fight-to-be-recognized-as-mother-on-his-childs-birth-certificate/
Warning: the linked article consistently misgenders the appellant's civil status.

How the hell is anything but "an infringement on the child’s rights" to deny her paternity on her birth certificate?!

This is complete insanity. A birth certificate is a statement of fact about and for the child, not a validation certificate for the parent. They've falsified their own documentation to creat their own validation certificate - leave the child's identity alone!

Agree. The document belongs to the child, and is a record of fact. Not a polite social validation illusion for the emotional benefit of the parent.

Yes, you'd think the birth certificate was a record for the child's sake, wouldn't you? You wouldn't think it was all about the validating the parents. Mind you, they can certify all sorts of things retrospectively on birth certificates these days so the idea that they should certify something that physically happened probably went out of the window some time ago.

🙄

This is appalling. What the hell are they thinking?

This is what happens when you allow one lie to be lawful, you then have to allow other lies to keep the fiction of the first lie.

When I first heard about transsexuals (as they used to be called) I thought ‘yeah, that’s ok because they know they’re not really women they just want to live their lives quietly and they wouldn’t do anything to disadvantage women’ but then they started changing legal documents, competing in women’s sport and going in to women’s prisons and we found that if you give them an inch they’ll take a mile.

It is a logical consequence of the state's decision to allow people to change their 'legal sex'. The judges in the matter might not have had much choice.

This is the problem with legal fictions of this kind in a nutshell. I don't know enough about France but I imagine when gender recognition legislation was passed, most lawmakers imagined that males who underwent the process would a) be attracted to other males and b) undergo surgery that rendered them infertile.

It will be interesting what the children of transgender people will say when they reach the age and maturity to reflect on their parent's choices.

This is what happens when you allow one lie to be lawful, you then have to allow other lies to keep the fiction of the first lie.

This.

So the birth certificate of the trans person belongs to them as does the birth certificate of their children? How does that work?

If the court of cessation accepts the recommendation, does that mean that the only way to change it is legislation?

A birth certificate is a statement of fact about and for the child, not a validation certificate for the parent. They've falsified their own documentation to creat their own validation certificate - leave the child's identity alone!

This.

In what other circumstance is anyone allowed to legally falsify documents in this way?

So who are they saying fathered this child?

Being able to falsify legal documents seems a very bad idea.

Not even falsifying their own legal documents. They are falsifying someone else's legal documents. That is one slippery slope they are standing on.

And if the tide changes in a very bad way (which, as history has shown, is always possible), this child has been marked as a target.

When men can be recorded as mothers, they have paved the way for birth certificates with no female on them.

As the mother, in British law at least, is the only person to be guaranteed to hold parental responsibility, a man being able to hold that positions must be a tremendous boon for the surrogacy business.

It is an incremental step towards the complete removal of those pesky women from the story of birthing and baby-making.

i heard they have parent1 parent2...

As someone who has worked in Genetics, you need to know who your mother and father is. As in, who gave you your X and who gave you your Y. We all know families can break apart of children can be raised by non-biological parents etc etc. It's such an important record for the child.
And no one can change sex!!!!!!!! That should never have been able to be changed in law. Like PP said it just leads to a cascade of misinformation and lies.

Sorry your other X or Y

This is very bad news for trans widows and I wonder to what extent the mother is being coerced.

Does anybody know: if it goes to the European court will a precedent be set for the rest of Europe? And if so would it still apply to us in the UK?

i heard they have parent1 parent2...

They do on Canadian birth certificates (I couldn't remember, so checked). The laws around parental responsibility are all different there too though, so it's not quite the same thing as the UK where the baby is always the mother's but the father is on there by her agreement/court order/marriage.