Trans man loses legal fight to be called father on baby’s birth certificate

The first transgender man to give birth has lost a landmark court fight which would have seen him become the first person to be recorded as the child’s father after having a baby.

Freddy McConnell, who argues making him register as the child’s mother on the birth certificate breaches his human rights around privacy and family life, has lost a Court of Appeal challenge.

Mr McConnell, who works for The Guardian as a multimedia journalist, wants to be registered as “father” or “parent”.

He launched an appeal after a judge ruled against him at a High Court trial in London in September.

Sir Andrew McFarlane, who is the Family Division of the High Court’s president, came to the conclusion people who have given birth are legally mothers, regardless of their gender, and said there is a “material difference between a person’s gender and their status as a parent”.

Three appeal judges upheld the ruling handed down by the most senior family court judge in England and Wales on Wednesday.

Mr McConnell is a single parent who was born a woman but now lives as a man after having surgery. Although he was biologically able to get pregnant and give birth, he had legally become a man when the baby was born.

He took legal action after he asked to be registered as “father” or “parent” but a registrar told him the law necessitates those who give birth to be registered as mothers.

Laura Russell, of leading equality charity Stonewall, told The Independent: “We’re incredibly disappointed to hear that Freddy McConnell has lost his appeal to be recognised as his child’s ‘father’ or ‘parent’. Once again, the courts have missed a vital opportunity to send a positive message that recognises all parents, including LGBT+ parents, for who they are.

“Today’s news is going to be a disappointing blow for trans communities. This is another example of how current legislation contradicts the fragile equality trans people currently have, where they can have full recognition on some legal documents, but not on others.

“Updating this legislation will also benefit others in the LGBT+ community, specifically same-sex parents, who face similarly inaccurate and unequal representation on their children’s birth certificates. Equality is not a luxury and this legislation desperately needs to be updated so trans people can be recognised for who they are.”

The three appeal judges, who upheld the ruling said, said: “The legislative scheme of the Gender Recognition Act (GRA) required Mr McConnell to be registered as the mother of YY [how the baby has been referred to by the courts], rather than the father, parent or gestational parent.

”That requirement did not violate his or YY’s Article 8 rights (to private and family life, as enshrined in the European Convention on Human Rights). There is no incompatibility between the GRA and the convention. In the result we dismiss these appeals.”

The judges said any change to the law is an issue for parliament to legislate on rather than the courts.

While the Court of Appeal refused to give Mr McConnell permission to take his case to the Supreme Court, he could still pursue an appeal there.

Mr McConnell voiced his disappointment about the decision and said he would not give up his fight.

He tweeted: “Disappointing, conservative decision but we knew this would be a long fight. Don’t lose hope. We are applying to the Supreme Court. Trans parents will get legal recognition.”

Additional reporting by Press Association