A baby born to a transgender father could be the first child ever in the UK to have no legal mother. 

 

This is a landmark case for transgender rights as England and Wales' most senior Family Curt is going to decide if the single parent will be defined as the baby's father legally. 

 

The single parent was born a woman but is now living as a man after having surgery.

 

The child, who is in the middle of this historic human rights fight, might be the first person born in England or Wales who will not legally have a mother.

 

 

This legal battle began earlier this year when the unidentified trans man had given birth to the child and asked to be listed on the baby’s birth certificate as either a father or a parent. 

 

The judges heard that the trans man got pregnant biologically and gave birth but had legally become male when the child was born.

 

When it comes to being registered on the birth certificate, a registrar has told him that the law requires people who give birth to be registered as mothers.

 

Complaining of discrimination, the man has now decide to take legal action and says making him register as a 'mother' breaches his human right to respect for privacy and family life.

 

 

The case is being analysed at High Court hearings in London and lawyers representing the man are facing lawyers representing the Registrar General for England and Wales and Government ministers.

 

The judge said if the man is victorious in this fight, the ministers might have to consider altering the law.

 

The head of the trans man’s legal team, barrister Hannah Markham QC, said the law was “no longer compatible” with modern society.

 

He wrote in a statement to the court, “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.''

 

He continued, ''it is further averred that the current law relating to the registration of births and deaths is no longer compatible with the changes in society, the evolvement of freedom of expression and gender equality and the protection of an individual’s rights to identify as a particular gender.”

 

Let's watch this space. 

152 Shares

Latest

Trending