Tuesday 15 October 2019

Transgender man who gave birth loses legal fight over birth cert

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Brian Farmer

A transgender man who has given birth but does not want to be described as "mother" on a birth certificate has lost a UK High Court fight.

Freddy McConnell, a multimedia journalist who works for The Guardian, wants to be registered as father or parent.

A judge on Wednesday ruled against him after analysing argument at a High Court trial in London.

Sir Andrew McFarlane, President of the Family Division of the High Court, has heard how Mr McConnell is a single parent who was born a woman but now lives as a man following surgery.

Mr McConnell was biologically able to get pregnant and give birth but had legally become a man when the child was born.

A registrar told him that the law required people who give birth to be registered as mothers.

He took legal action against the General Register Office, which administers the registration of births and deaths in England and Wales.

"There is a material difference between a person's gender and their status as a parent," said Sir Andrew, in a ruling.

"Being a 'mother', whilst hitherto always associated with being female, is the status afforded to a person who undergoes the physical and biological process of carrying a pregnancy and giving birth.

"It is now medically and legally possible for an individual, whose gender is recognised in law as male, to become pregnant and give birth to their child.

"Whilst that person's gender is 'male', their parental status, which derives from their biological role in giving birth, is that of 'mother'."

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