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Feminism: Sex and gender discussions

"Transgender man, 34, loses legal battle to be named as the father on his child's birth certificate as Supreme Court refuses to hear his case"

460 replies

Malahaha · 16/11/2020 14:24

www.dailymail.co.uk/news/article-8953783/Transgender-man-34-loses-legal-battle-named-father-childs-birth-certificate.html

Don't know if this was already posted but it's a glimmer of hope that soe judges have their heads screwed on tightly.

OP posts:
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RealityNotEssentialism · 18/11/2020 13:25

Just to clarify. Children of donor sperm have a right to get information about the donor so Freddy’s child has that right too. In that sense, the child isn’t in any different position to any other kid who is born as a result of donation. I don’t think sperm donors should be regarded as parents in any legal sense. It’s clearly not what a man donating sperm wants and most likely not what anyone using donor sperm wants either.

OhHolyJesus · 18/11/2020 13:31

That's true and there wasn't a drop in sperm donors since the anonymity law was scrapped.

The sperm donor is currently named on Freddy's son's birth certificate but if Freddy is named as the father where would the name of the sperm donor go?

SJ could get a copy of this information from HFEA once he turns 18, I don't think they send it to him, how would they know he knew/was told and where he lived to write to him? SJ would only know if he sought it out. If he thought his Freddy was his father he wouldn't know to look, but yes, it is currently recorded correctly on the BC and I hope SJ grows knowing his name and the circumstances of his birth.

OhHolyJesus · 18/11/2020 13:32

When I say his name I mean the name of his biological and genetic father, the sperm donor.

RealityNotEssentialism · 18/11/2020 13:41

The sperm donor is currently named on Freddy's son's birth certificate but if Freddy is named as the father where would the name of the sperm donor go?

I must have misunderstood. Was the donor someone that Freddy knows and has chosen to name on the birth certificate? Otherwise, the donor’s details are never on the birth certificate and the donor is not regarded as the father in any legal sense.

SJ could get a copy of this information from HFEA once he turns 18, I don't think they send it to him, how would they know he knew/was told and where he lived to write to him? SJ would only know if he sought it out. If he thought his Freddy was his father he wouldn't know to look, but yes, it is currently recorded correctly on the BC and I hope SJ grows knowing his name and the circumstances of his birth.

I suspect that this only really happens when the parent is open with the child about the donation and they know where to go to get the information.

AmericanSlang · 18/11/2020 13:42

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Hoppinggreen · 18/11/2020 13:42

Unless Freddie grew this baby in a jar under their bed then they were and still are biologically female - it’s the only way you can grow a baby, in a womb, that women have. If Freddie wants to remove any evidence of ever being a woman then I would suggest that living with such evidence on a daily basis (ie a baby you gestated and gave birth to) might be a bit triggering for Freddie and a piece of paper soul change that.
Poor Child of Freddie

Tootsweets23 · 18/11/2020 13:45

Lord bingham is a legend of the law. Sadly died in 2010 but his book the rule of law is an excellent and easy read.

As an aside his daughter is Kate Bingham, head of the vaccine task force and caught up in the chumocracy scandal of the government.

OhHolyJesus · 24/11/2020 14:55

Just noting that Andrew Spearman is

  • representing Freddy
  • is connected to Two Dads and is now on the advisory board for their new venture My Surrogacy Journey
  • is on the Ethics Board of Surrogacy U.K. (which is heavily involved with the Surrogacy reform APPG)
  • is Head of Family Law at Laytons

www.laytons.com/people/andrew-spearman

"Transgender man, 34, loses legal battle to be named as the father on his child's birth certificate as Supreme Court refuses to hear his case"
"Transgender man, 34, loses legal battle to be named as the father on his child's birth certificate as Supreme Court refuses to hear his case"
PearPickingPorky · 24/11/2020 14:57

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Ereshkigalangcleg · 24/11/2020 16:40

Peter Dunne, you may remember, said that objecting to the presence of an MTF trans person's penis in the changing rooms is equivalent to objecting to the presence of a woman who has had a mastectomy as they're both "different" to other female bodies.

Ereshkigalangcleg · 24/11/2020 16:42

www.thescottishsun.co.uk/news/5149172/snp-breast-cancer-patients-id-row-mastectomies/

With some of our comments.

TyroTerf · 24/11/2020 17:03

Peter Dunne clearly has no clue what the objections are based on!

I don't want to share changing rooms with people who pose a significant risk of triggering either my dysphoria or my ptsd, or even both.

Beamur · 24/11/2020 17:37

It's disingenuous to say there's no evidence. Letting men into women's facilities at their say-so has not been the norm, hence there's a paucity of evidence as to suggest whether or not that causes problems! No shit Sherlock.
There is a however growing body of evidence/anecdotal evidence to suggest that men do take advantage of women in unisex facilities. And that neither sex generally is well catered for in poorly designed facilities.
Can they really not see the connection?

ShebaMenelik · 24/11/2020 17:48

It was also in the Guardian.

doublehelix · 24/11/2020 18:27

Good to see sense. As a doctor I really want to know the difference between a baby with a head injury whose mother has haemophilia vs whose father does. Call me sexist but I would also be a lot less worried if the patient was a girl - all down to the key difference between XX and XY.

No objection to changing gender but the biology needs to be correctly labelled in key documents.

Aesopfable · 24/11/2020 18:43

@OhHolyJesus

Just noting that Andrew Spearman is
  • representing Freddy
  • is connected to Two Dads and is now on the advisory board for their new venture My Surrogacy Journey
  • is on the Ethics Board of Surrogacy U.K. (which is heavily involved with the Surrogacy reform APPG)
  • is Head of Family Law at Laytons

www.laytons.com/people/andrew-spearman

Surely that represents a clear conflict of interest to being on the ethics board?
OhHolyJesus · 25/11/2020 19:33

Freddy says the case is pro bono on Insta.

"Transgender man, 34, loses legal battle to be named as the father on his child's birth certificate as Supreme Court refuses to hear his case"
Impatiens · 25/11/2020 19:41

Freddy talks about the trans parents but never seems concerned about the effect on the children of those parents.

OhHolyJesus · 25/11/2020 19:45

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Alethiometrical · 25/11/2020 19:45

A GRC should be rescinded immediately on either the owner becoming pregnant or perpetrating a sexual assault
It's a scandal that it isn't so.

Well, quite.

Alethiometrical · 25/11/2020 19:52

Removal of breast tissue doesn't make a woman "live as a man". There are many women who have sadly had this procedure, they remain women.

One of my sisters had a radical mastectomy. To save her life. (aggressive but tiny cancer tumour)

This reduction of women to their parts makes me so angry. Women are not just men with their penises cut off (to paraphrase Prof. Greer). And men are not just women without breasts.

Impatiens · 25/11/2020 19:53

I don't think that's the chief concern

Yes it's really sad, it doesn't seem to be any type of concern. It's all about the brave trans parent and their 'struggle'. Nothing about what's best for their child, it all sounds very cold.

OhHolyJesus · 25/11/2020 21:36

The video is actually really interesting. There are several points where Freddy reveals how deep Freddy is. I won't say too much here but I recommend watching if only to try to understand a bit more.

I was annoyed that there was no thinking around why a husband of a surrogate mother might be on the birth certificate of a child born from surrogacy and given parental responsibility (so to avoid exploitation) or why a trans man might not be listed as the father on the BC of a child (would not be the provider of sperm).

The child gets a mention around 17m into a 28m video. The boy has his own lawyers so I wonder what would happen if the ECHR found that the boy has rights to have his mother named on a BC as this is in direct conflict with what Freddy wants and believes Freddy's rights to be.

Freddy says the law didn't consider GRC holders as parents and that a trans woman might want to have a BC retrospectively changed to show them as the mother of their child, with no mention of the actual mother.

I'm totally gripped by this case and find it truly bizarre how far you can dissect yourself from reality.

RealityNotEssentialism · 25/11/2020 21:43

Freddy says the law didn't consider GRC holders as parents and that a trans woman might want to have a BC retrospectively changed to show them as the mother of their child, with no mention of the actual mother.

That’s completely ridiculous because a child can only have one mother. If you allowed the child’s father to be registered as the mother, you’d have to erase reference to the actual mother. Freddy is living on another planet with this shit.

And nobody is saying that trans people can’t be parents. Of course they can. It’s just that they can’t be referred to as something they are not just because they want to.

testing987654321 · 25/11/2020 21:58

Apart from the GRA 2004 Section 12 Parenthood.
The fact that a person's gender has become the acquired gender under this Act does not affect the status of the person as e father or mother of a child.

So they considered it and decided that having an acquired gender of man doesn't mean you're not a mother.