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Feminism: Sex and gender discussions

Male Parent Wins Battle in Legal Fight to be Recognized as Biological Mother of Child (Brazil)

18 replies

stumbledin · 13/09/2020 22:44

Not going to try and summarise the legal arguements made as presumably Brazilian law is not the same as UK law. But thought I would post as it another building block in what seems to be a global pattern of the law denying biological reality. Angry
www.womenarehuman.com/male-parent-wins-battle-in-legal-fight-to-be-recognized-as-biological-mother-of-child/

OP posts:
stumbledin · 13/09/2020 22:47

Sorry really messed up the title of this thread! Will ask MNHQ to amend Blush

Should have read:

Male Parent Wins Battle in Legal Fight to be Recognized as Biological Mother of Child (Brazil)

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BlackWaveComing · 13/09/2020 22:50

So wrong.

Child's right to reality-reflecting language should come before the validation of a male's identity.

NiceGerbil · 13/09/2020 22:50

Sigh.

Bio mother. Don't know what to say.

stumbledin · 18/09/2020 17:58

I didn't know Elton John's partner was named as the mother on the birth certificates of their 2 children. Were the Birth Certificates issued in the UK?
www.thescottishsun.co.uk/tv-showbiz/6054556/elton-john-slammed-husband-mother-children/

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stumbledin · 18/09/2020 17:59

French court rejects transgender woman’s demand to be recognised as a mother
uk.news.yahoo.com/french-court-rejects-transgender-woman-155903021.html

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ListeningQuietly · 18/09/2020 18:03

TBH the Elton John one bothers me not at all.
Everybody in the world, particularly the kids, know that David Furnish is not their biological mum.
That case is the equivalent of single women choosing not to put the father's name on a certificate.

What the Brazilian case highlights to me is that mental health care needs much better funding

InfiniteSheldon · 19/09/2020 05:31

Birth certificates that don't record facts are utterly pointless

DidoLamenting · 19/09/2020 08:17

So far as Elton John and David Furnish I expect it's the case Furnish is recorded as parent rather than mother.

In the UK since 2009 a lesbian couple who are married or in a civil partnership can register both as parents.

OhHolyJesus · 19/09/2020 08:46

John and Furnish bought their sons from California. The process here I believe has changed and parents are named as parents, not mother and father. This was, I believe, done so two men can be named as parents and not have to take on the title of mother, so if the birth certificates for their sons has Furnish named as the mother this needs updating. The original birth certificate will be on a register and 'sealed' and with have both the mother named as well as the father, whoever 'donated' the sperm and that was John, not furnish.

The boys can find their mother when they are older, it will be clear they had one of course. Furnish says she is a private person, so whilst much of their story is already in the public eye I doubt we will ever know if the boys have any contact with her or her own circumstances. It may not have been her egg, no details of the surrogacy arrangement were given. I do wonder how much she was paid.

OhHolyJesus · 19/09/2020 08:47

Cross post with Dido and yes of course, so two women can also be named as parents. I need to look up the case that challenged the law at the time. Was it two women or two men?

ListeningQuietly · 19/09/2020 11:46

Birth certificates that don't record facts are utterly pointless
lots of birth certificates do not include the father
others include fathers who are not
t'was ever thus

ALLIS0N · 19/09/2020 12:03

Missing information is not the same as Lies.

It’s never been legal to lie on birth certificates before.

stumbledin · 19/09/2020 14:48

I posted the Elton John link because I wondered if the UK allowed this.

But seems it may have been in the states as "parent", and that British tabloids didn't let truth get in the way of a good headline. Or should that be Germaine Greer?!

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mocktail · 19/09/2020 14:53

I don't agree with a trans woman being named as biological mother but I'm not clear if that's what's actually happening here.

Also isn't it the case that your husband's name can go onto the birth certificate perfectly legally if the baby was actually born from an affair and he's not the father? So they're not necessarily a record of biological fact anyway.

DaisiesandButtercups · 19/09/2020 15:44

Mocktail when a couple marry the husband agrees to legal paternity of all children the wife gives birth to.

The legal mother is the woman who carries and births the baby, the legal father is her husband if she is married.

If the mother is not married then she may name the legal father when she registers the birth.

A father who is not married to the legal mother may not register the birth without the presence of the legal mother. A married father can.

If the birth has not been registered by 6 weeks after the birth then the midwife is obliged to register it.

InfiniteSheldon · 19/09/2020 15:47

Not it was not ever this. Only a woman is a mother and only the woman who gave birth should be recorded as such. Only a man is a father. Lying about who is the father is illegal. As should any other lie be. Children have a right to their biological heritage, to as much of their true medical history as possible not pc conforming nonsense.

DaisiesandButtercups · 19/09/2020 15:50

So a birth certificate records the birth of a baby and her/his legal parents.

When the system was set up I don’t think biology went much beyond women give birth. Biological paternity was impossible to prove. Every child needed at least one adult legally responsible for her/him from the moment of birth. The state needed to know about Her Majesty’s subjects for a variety of reasons.

ListeningQuietly · 19/09/2020 15:51

In Afghanistan, only the father's name goes on the certificate ....

different countries have different rules

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