A baby born to a transgender man could be the first person in history without a legal mother if he wins a court battle. Lawyers who are representing the transgender man claim that the transgender man was biologically able to give birth to a baby but then legally became a man after the birth of the child. The man wants to be known as the child’s child’s “father” or “parent” on a birth certificate.
However, as per a birth registrar, the law registers people who give birth to children as mothers. Thus the man has now taken legal action against the body set up to register births and deaths. He claims that if they force him to get registered as a mother it will be a breach of his human right to private and family life.
The arguments were heard by Mr. Justice Francis from both the lawyers representing the transgender man and those The Registrar General for England and Wales at a High Court hearing in London.
As per the Judge, such issue has never been raised in England and Wales court. Thus if the man wins this battle, the ministers would be forced to change the law.
Francis, however, said that the man was born as a woman and realized many years later that he was transgender. The lawyer said that he lived “as a man” since then and even did surgery to “re-contour” his upper body. Furthermore, lawyers informed that the man was given gender recognition certificate before the baby’s birth.
Barrister Hannah Markham QC, who leads the man’s legal team said, “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) seeks a declaration that being forced to register as a mother to his son is contrary to his right to private and family life within Article 8 of the Human Rights Act 1998 and that such interference, in the light of the changes which have evolved in society is no longer proportionate…”
Adding, “Further (he seeks) a declaration that the current forms utilized by the Registrar General to record parent and parent identity discriminate against trans and intersex parents. 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.”