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Trans woman loses battle to have ‘father’ removed from childrens’ birth certificates

Joseph McCormick April 21, 2015
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A trans woman has lost her High Court bid to have the identifier “father” removed from the birth certificates of her children.

The woman, who was only identified as JK, said it was a breach of her human right to respect to private and familiy life for the term “father” to remain on their childrens’ birth certificates.

She had taken the case to court after the Registrar General had refused to alter the birth certificates.

JK said she would rather that the certificates read “parent”, or even “father/parent”.

Offering a judgement, Mr Justice Hickinbotom said: “This claim gives rise to important issues concerning the rights of transgender women, and their families, in particular the right to keep private the fact that they are transgender.”

“She has two naturally conceived children from her marriage to the Second Interested Party, KK, namely the Third Interested Parties, AK and PK.

“In this claim, she challenges the requirement that she be recorded as ‘father’ in the children’s birth certificates, and the refusal of the Defendant (‘the Registrar General’) to show her, by way of initial inclusion or amendment, as ‘parent’ or ‘father/parent’ on those birth certificates.”

After the birth of the children, the registrar told JK that it was “not legally possible” to change the birth certificates.

Despite recognising that “gender is an important element in an individual’s fundamental identity”, the Judge said the interference with JK, and her childrens’ rights would be “small”.

The judge said: “In some cases, such alteration may be adverse to the best interests of the relevant children.”

Related topics: birth certificate, Trans, Transgender

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