UK : Supreme Court upholds ruling that Trans-Men who give Birth are "Mothers"

The Supreme Court in London has dismissed a challenge against a High Court ruling last September which ruled that Trans-Men who give Birth must be named as the Child's Mother on the Birth Certificate . 

The court case was brought by Guardian Journalist  Freddy McConnell , a biological woman who changed to a man  , gave birth to a child , and wanted to register as the Child's 'father' on its birth certificate . 

Last September , The High Court heard how McConnell began transitioning to Male at the age of 22 , had a Double Mastectomy in 2014 and underwent testosterone therapy .

In September 2016 , McConnell wanting to become pregnant , suspended testosterone treatment and began fertility treatment to achieve the fertilisation of one or more eggs in his womb .

In January 2017 , he was issued a ‘Gender Recognition Certificate’ confirming that he was male.

In April 2017, he underwent intrauterine insemination (IUI) fertility treatment to become Pregnant during which donor sperm was placed inside his uterus. The process was successful and he became pregnant and gave Birth to a Son in January 2018 .

He was informed by the Registrar General which administers the registration of births in England and Wales that he would have to be registered as the child’s ‘mother’, although the registration could be in his current (male) name.

McConnell wanting to be registered as the ‘father’ or , if not ‘father’, then ‘parent’ brought a High Court Legal Action against the Registrar General in April 2018 . McConnell was supported in his legal action by the AIRE Centre , an EU Commission based organisation which argued for the right of McConnell to be named as Father rather than Mother .

In September 2019 , the High Court ruled against McConnell . In his Judgement , Sir Andrew McFarlane, president of the Family Division of the High Court , concluded that whilst the person’s legal gender is ‘male’, their parental status, which derives from their biological role in giving birth, is that of ‘mother’ 

The issue arises in modern times where an individual, who was born female, undergoes gender transition and becomes legally recognised as male before going on to conceive, carry and give birth to a child, with the result that the parent who has given birth is legally a man rather than a woman. The question posed to this court is: Is that man the ‘mother’ or the ‘father’ of his child?

The principal conclusion at the centre of this extensive judgment can be shortly stated. It is that there is a material difference between a person’s gender and their status as a parent. Being a ‘mother’, whilst hitherto always associated with being female, is the status afforded to a person who undergoes the physical and biological process of carrying a pregnancy and giving birth. It is now medically and legally possible for an individual, whose gender is recognised in law as male, to become pregnant and give birth to their child. Whilst that person’s gender is ‘male’, their parental status, which derives from their biological role in giving birth, is that of ‘mother’.  [link]