Transgender 'Man' Can't Register as Father on Child's Birth Certificate, Court Rules
Freddy McConnell expressed disappointment with the 'conservative' decision
A female-to-male transgender man who stopped using therapy in order to give birth to a baby doesn't have the right to be listed as a father on the child’s birth certificate, a London court ruled.
Freddy McConnell, who is also a British journalist for the left-wing newspaper The Guardian, expressed disappointment with the “conservative” decision denying his request.
But McConnell now plans to take the case to the Supreme Court.
Lord Burnett, who was the presiding judge in the case, stated that McConnel is required to be registered as the child’s mother under the Gender Recognition Act (GRA).
Burnett added that a change to the law would need to come from parliament, not the court.
“From the moment of birth, someone must have parental responsibility for a newly-born child, for example, to authorize medical treatment and more generally to become responsible for its care,” Lord Burnett said, the BBC reported.
“No-one else has that automatic parental responsibility, including the father,” he added, citing the Children Act of 1989.
McConnell responded to the ruling, saying that laws governing families and gender are “out of date."
“Any right-thinking person can see the inconsistencies in the law," McConnell said.
The lawyer at Laytons law firm, Andrew Spearman criticized the ruling saying that it failed to recognize McConnell’s chosen gender “and, importantly, the role he takes in his son’s life as his father.”
Disappointing, conservative decision but we knew this would be a long fight. Don’t lose hope. We are applying to the Supreme Court.— Freddy McConnell (@freddymcconnell) April 29, 2020
Trans parents will get legal recognition. ✊❤️
“This is the reality his son will grow up knowing, and today’s judgment shows how the law has not kept pace,” Spearman added.
But the decision was Praised by Maya Forstater, a feminist activist.
"In this case, the consistency of self-perception had to give way to the consistency that only women give birth, & people who give birth are mothers.”
“Someone who *gives birth* is not just female that day, but on the day they were born w[ith] eggs inside, when they went thru puberty, when they recognized their sexual orientation, every time they ovulated & menstruated, worried about getting pregnant, thru lactation, menopause, etc.,” Forstater added.
The McConnell case shows the tension between individual & societal consistency when self-perception bumps up against reality.— Maya Forstater (@MForstater) April 29, 2020
The High Court last year said after giving birth to a child, McConnell must be registered as the mother. https://t.co/lcW1cNDAUd
Ms. Forstater was fired from her job at the Centre for Global Development in 2019 after she dared to write that “men cannot change into women."
A judge ruled earlier her firing was justified as her gender-critical position “is incompatible with human dignity and fundamental rights of others.”