Baby born to transgender man in landmark birth certificate case
The child baby could become the first person without a legal mother
A transgender man who gave birth in the UK is in the High Court this week battling to become the first parent to register his child as having no mother.
The man, who can only be named as TT for legal reasons, was born as a woman but was legally recognised as a man by the Gender Recognition Panel. He then underwent successful fertility treatment and became pregnant despite his new male status, The Daily Telegraph reports.
He wants to be listed as the baby’s father or parent on the birth certificate, but the Registrar General says he has to be named as the mother because he gave birth to the child.
As a result, TT has launched a High Court battle against the Registrar General’s decision. His lawyers argue that although he was biologically able to become pregnant following successful fertility treatment, he had legally become a man when the child was born.
The BBC reports that TT is also accusing the Registrar General of discrimination. He claims that forcing him to register as the child’s mother “breaches his human right to respect for private and family life”.
“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,” barrister Hannah Markham QC, who leads the man’s legal team, explained in a written outline.
The Telegraph reports that lawyers acting on behalf of the Government were due to begin “outlining their case against TT” today.
If successful, his child could become the first person born in the UK to be legally motherless.
Health Secretary Matt Hancock, Minister for Women and Equalities Penny Mordaunt and Home Secretary Sajid Javid are listed as “interested parties in the case”.