Trans man who gave birth must be mother, court says
A TRANSGENDER man who had a baby and is fighting against being described as “mother” on the birth certificate has lost his Court of Appeal case.
Freddy Mcconnell, a journalist who is in his early 30s, wants to be registered as “father” or “parent” and believes that forcing him to be recorded as the child’s “mother” breaches his human right to respect for private and family life.
The Government argued that he must be the “mother” because he gave birth to the child, who has a “right to know the identity of the person who carried him or her”.
Mr Mcconnell took his case to the High Court last year, but lost in September, prompting him to mount an appeal.
However, yesterday morning three Court of Appeal judges ruled against him in a move which has implications that parents will be recognised by biology, rather than legally recognised gender on birth certificates.
The judges said the issue Mr Mcconnell had raised involved complicated “interlinked” legislation and any reform of the law would be a matter for Parliament.
Last year Sir Andrew Mcfarlane, president of the Family Division of the
High Court and the most senior family court judge in England and Wales, had concluded that people who had given birth are legally mothers – regardless of their gender – and that there is a “material difference between a person’s gender and their status as a parent”.
In the latest round of Mr Mcconnell’s legal battle, Lord Chief Justice Lord Burnett, Lady Justice King and Lord Justice Singh upheld Sir Andrew’s ruling at a hearing in London in March.
Lord Burnett said the Gender Recognition Act (GRA) required Mr Mcconnell to be registered as the mother, which did not violate his rights to private and family life, as set out in the European Convention on Human Rights.
He said: “There is no incompatibility between the GRA and the convention ... we dismiss these appeals.”
Mr Mcconnell later tweeted: “Disappointing, conservative decision but we knew this would be a long fight. Don’t lose hope ... Trans parents will get legal recognition.”