A 32-year-old transgender man who gave birth doesn’t want to be described as ‘mother’ on the birth certificate.
However, he lost a high Court fight to be recorded as ‘parent’ or ‘father.’
Freddy McConnell from Kent wanted to be registered as a parent or father but a judge ruled against him.
The President of the Family Division of the High Court, Sir Andrew McFarlane, heard how Mr. McConnell, who was born a woman, now lives as a man.
Mr. McConnell got pregnant and gave birth but had become a man after delivering the baby.
He was told by a registrar that the law required people who give birth to be registered as a mother, so he took legal action against the General Register Office.
Sir Andrew said in a ruling: “There is a material difference between a person’s gender and their status as a parent.
“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.
“While that person’s gender is “male”, their parental status, which derives from their biological role in giving birth, is that of “mother”.”
Mr. McConnell’s lawyer said an appeal was being considered.
Karen Holden, founder of A City Law Firm, said: “As a firm that champions equality, we are of course disappointed at the judgment and it highlights how the law is slow to keep up to modern society.
“Freddy is legally a man and his legal papers display the same. In the UK he has the right to change his gender on his own birth certificate so why not his child’s? Surely if you are going to move with modern times, the law has to finish the journey it has started.
“Equality shouldn’t have to come at a price, but this case has taken three years, hours of work and manpower, public attention and yet the courts still failed to help this family set out its actual family structure correctly in terms of its legal status.
“A birth certificate will stay with a child for life and it will be factually and legally inaccurate under current rules.
“Freddy is considering whether he wishes to appeal, and we have no instructions on that at present.
“We hope though others will pick up the chalice as well and look to bring UK law in line with other more progressive countries.”
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