29 April 2020

Trans man who does not want to be his child’s ‘mother’ waits for appeal ruling

A transgender man who has given birth but does not want to be described as ‘mother’ on a birth certificate is waiting to see whether he has won a Court of Appeal fight.

Journalist Freddy McConnell wants to be registered as ‘father’ or ‘parent’.

He says forcing him to register as the child’s ‘mother’ breaches his human right to respect for private and family life.

Mr McConnell mounted an appeal after a judge ruled against him in September, following a High Court trial in London.

Sir Andrew McFarlane, the president of the Family Division of the High Court and most senior family court judge in England and Wales, concluded that people who had given birth were legally mothers, regardless of their gender, and said there was a ‘material difference between a person’s gender and their status as a parent’.

Three appeal judges are due to publish their ruling on Wednesday.

Lord Burnett, the Lord Chief Justice and most senior judge in England and Wales, Lady Justice King and Lord Justice Singh, considered arguments at a Court of Appeal hearing in London in March.

Judges have 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 legally became a man when the child was born.

He wanted to be registered as father or parent but a registrar told him that the law required people who give birth to be registered as mothers.

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

Lawyers say the child will be the first person born in England and Wales not to legally have a mother if Mr McConnell wins.

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