Baby born to transgender man may be first without legal mother

Landmark court battle over birth certificate could force change in law

A BABY could become the first person in the country without a legal mother if a transgender man wins a historic court battle.

Lawyers representing the parent told a judge that he had been biologically able to become pregnant and give birth but had legally become a man by the time the child was born.

The man wanted to be identified as the child’s “father” or “parent” on a birth certificate, however a birth registrar told him the law required people who gave birth to children to be registered as mothers.

The man has since taken legal action against the body set up to administer the registration of births and deaths after complaining of discrimination. He said forcing him to register as the child’s “mother” breached his human right to respect for private and family life.

The man added that such “interference” was not proportionate or necessary in the light of changes which had “evolved in society”.

Mr Justice Francis yesterday heard preliminary arguments from lawyers representing the man and lawyers representing The Registrar General at a High Court hearing in London.

The judge said the issue had not been raised in a court in England and Wales before. He added that if the man won his fight, ministers might consider changing the law. The court heard how the man was born a woman but “realised he was trans” several years ago. Lawyers said he had lived “as a man” and had undergone surgery to “re-contour” his upper body.

The man was granted a gender recognition certificate more than a year ago, before the baby was born.

“It is an accepted fact that a female who transitions to male may in law maintain the ability to conceive and give birth to a child,” Hannah Markham QC, who leads the man’s legal team, explained in a written outline of his claim.

“[He] seeks a declaration that being forced to register as a mother to his son is contrary to his right to private and family life within Article 8 of the Human Rights Act 1998 and that such interference, in the light of the changes which have evolved in society are no longer proportionate … Further [he seeks] a declaration that the current forms utilised by the Registrar General to record parent and parent identity discriminate against trans and intersex parents.”

Sarah Hannett, leading the Registrar General’s legal team, said the man had obtained a gender recognition certificate under the 2004 Gender Recognition Act.

He gave birth following intrauterine insemination treatment some months ago.

She said the Registrar General took the view that registrars were not permitted to “take the step in question”.