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Transgender man who had baby loses legal fight to be considered the child's father instead of its mother
September 25, 2019
Probably not what he had hoped to hear
A transgender man from the U.K. will not be permitted to list himself as "father" on his child's birth certificate.
Born female, Freddy McConnell gave birth to the child in 2018 during his transition. McConnell is the subject of 2019 documentary, "Seahorse: The Dad Who Gave Birth." You can read more about the production and McConnell's background here.
Seahorse: The Dad Who Gave Birth - Official Trailerwww.youtube.com
What are the details?
The U.K. High Court ruled on Wednesday that McConnell would not be registered as the child's father, and would remain the child's mother according to the official birth certificate.
McConnell, 32, sought to change the designation on the legal document after a registrar told him that current law "required people who give birth to be registered as mothers" on certificates, according to CNN. A lengthy battle ensued as a result of McConnell's desire to change his designation from "mother" to father."
Andrew McFarlane, who is president of the High Court's family division, said that being a "mother" refers to the biologically carrying and delivery of a child.
"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," McFarlane said, insisting that there is a "material difference between a person's gender and their status as a parent."
McFarlane added, "It is now medically and legally possible for an individual, whose gender is recognized in law as male, to become pregnant and give birth to their child. Whilst that person's gender is 'male,' their parental status, which derives from their biological role in giving birth, is that of 'mother.'"
McConnell shared the news Wednesday on Twitter, and revealed that he is going to appeal the high court's ruling.
He wrote, "I'm saddened by the court's decision not to allow trans men to be recorded as father or parent on their children's birth certificates."
"I fear this decision has distressing implications for many kinds of families," he continued. "I will seek to appeal and give no more interviews at this stage."
You can read more on the case's background here.
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