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Transgender man starts legal battle to be recognised as the father of baby he gave birth to

Jess Glass June 9, 2018

Same-sex couples would apparently not be prioritised for adoptions (Creative Commons)

A transgender man has begun a legal battle to be officially identified as the father of a baby he gave birth to.

After giving birth to his child, the unidentified trans man asked to be listed as either the father or parent on the baby’s birth certificate.

However, he was informed by the registrar responsible for registering the birth that the law requires people who give birth to be registered as mothers.

(PHILIPPE HUGUEN/AFP/Getty Images)

The man has now launched a human rights case in order to be listed as the child’s father, stating that being registered as his child’s mother infringes on his right to respect for family and private life.

According to The Telegraph, the man criticised this unnecessary “interference” and stated that it was unnecessary to list him as the child’s mother due to changes that had “evolved in society”

On Thursday, a High Court judge heard the beginning of the case from lawyers representing the unnamed man as well as those representing the General Register Office, the government agency responsible for keeping records on births, deaths and marriages.

(ROBYN BECK/AFP/Getty Images)

The judge, Mr Justice Francis, stated that this had not been previously raised in a court in England and Wales and could prompt a change in the law if the man was successful.

Related: These trans dads tell their beautiful stories about giving birth

The head of the unnamed man’s legal team, barrister Hannah Markham QC, said the law was “no longer compatible” with modern society and wider gender expression.

In a statement to the court, Markham wrote: “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.

“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.”

CHICAGO, IL - FEBRUARY 25: Demonstrators protest for transgender rights on February 25, 2017 in Chicago, Illinois. The demonstrators were angry with President Donald Trumps recent decision to reverse the Obama-era policy requiring public schools to allow transgender students to use the bathroom that corresponds with their gender identity. (Photo by Scott Olson/Getty Images)
(Scott Olson/Getty Images)

The man had legally changed his gender prior to giving birth and had a gender recognition certificate.

Two transgender men made headlines in 2017 for being the first men to publicly give birth in Britain, both halting their medical transitions in order to carry the pregnancies.

Both men were listed as the mothers of their children.

A judge is expected to make a decision by September.

In 2017, a trans man spoke out about his experiences as the first person to give birth both before and after transitioning.

(Getty)

Kaci Sullivan gave birth to his second child in December after his first child was born prior to his transition.

Opening up about his pregnancies, he said: “Because I don’t see pregnancy as inherently feminine, and because I don’t subscribe to make-believe gender roles, I wasn’t threatened by the idea of pregnancy.”

More: fatherhood, human rights, Law, LGBT rights, Parenting, Trans, trans rights, Transgender, UK

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