Transgender man loses court battle to be registered as father

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09/25/2019

A transgender man from Kent who gave birth with the help of fertility treatment cannot be registered as his child’s father, the most senior family judge in England and Wales has ruled. In the first legal definition of a mother in English common law, Sir Andrew McFarlane, the president of the high court’s family division, ruled on Wednesday that motherhood was about being pregnant and giving birth regardless of whether the person who does so was considered a man or a woman in law. Freddy McConnell, 32, who has lived as a man for several years but retained his female reproductive system and gave birth in 2018, went to court after a registrar insisted he was recorded as the baby’s mother on the birth certificate despite holding a gender recognition certificate that made it clear the law considered him male. The ruling was quickly attacked by campaigners and lawyers as a blow to the rights of trans parents and their children and sparked calls, including from the judge, for legislative reform.

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