Suzi Denton
Associate Solicitor
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Date Published:05 Nov 2018 Last Updated:14 Apr 2021

Transgender man is fighting for his right to be named as father on child’s birth certificate

Fertility Law

A transgender man who gave birth
to his child was told that he would need to be registered as the child’s mother
on the birth certificate, despite the fact that he is legally now a man. He has
launched a legal challenge to this decision by the Registrar General, and is
arguing that forcing him to register as a mother would breach his human rights
(under Article 8 of the Human Rights Act 1998). He is saying that the current
law relating to the registration of births is outdated, and is discriminatory
to trans and intersex parents.

The High Court is due to make a
decision on this in 2019, and it will be interesting to see how this unfolds.
It certainly seems that the law needs to reflect the fact that families now
come in different shapes and sizes, and the traditional model for birth
registration is no longer suitable or appropriate for all families. Forcing
someone to register as a parent in a sex with which they no longer identify
seems unnecessary, causing a huge amount of distress to new parents who may
have had a long and difficult journey to get to this point.

If you would like any advice on
anything to do with fertility law or LGBT issues, please contact our highly
specialist Fertility Team who will be able to assist. Call our expert team on
01202 525333 or send us an email enquiry fertility@ellisjones.co.uk.