Transgender man who gave birth demands to be named as dad on child’s certificate in appeal court battle – The Sun

A TRANSGENDER man has launched an appeal against being called a "mother" on his baby's birth certificate — claiming the ordeal has caused "psychological scarring".

Freddy McConnell, a multimedia journalist who works for The Guardian, wants to be registered as father or parent — as being referred to as a mother is too traumatic for him.

However, after a High Court trial in London, a judge ruled against him — but he has launched an appeal.

Three appeal judges are now considering the case.

If Mr McConnell wins his fight, the child will be the first person born in England or Wales not to legally have a mother. It comes after the High Court heard how Mr McConnell was a single parent who was born a woman but now lived as a man following surgery.

UNFAIR FIGHT

Sir Andrew McFarlane, the president of the Family Division of the High Court and most senior family court judge in England and Wales, ruled against Mr McConnell in September.

He explained that people who had given birth were legally mothers, regardless of their gender, and said there was a "material difference between a person's gender and their status as a parent".

A barrister leading Mr McConnell's legal team told the three judges there were "clear reasons" why her client should have won the High Court fight.

"Notwithstanding the complexity of the arguments and the issues engaged, there were clear reasons why the claim ought to have succeeded and why Mr McConnell ought to have been declared the father or parent of the child, not the mother," Hannah Markham QC stated in a written argument.

"It is submitted that the learned judge fell into error in determining the term 'mother' not to be a gendered term."

It is submitted that the learned judge fell into error in determining the term 'mother' not to be a gendered term

She said Sir Andrew had failed to consider whether the current birth registration system was "fit for purpose".

"The learned judge was wrong to focus on giving birth as the determining issue when deciding parental role described in an administrative document," she added.

She said Sir Andrew should have considered whether those "national failings" were breaches of Mr McConnell's human right to respect for private and family life.

Mr McConnell is a single parent who was born a woman, but now lives as a man following surgery, judges heard.

It was said that he had been biologically able to get pregnant and give birth, but had legally become a man when the child was born.

Mr McConnell had taken legal action against the General Register Office, which administers the registration of births and deaths in England and Wales.

Solicitor Scott Halliday, a family litigation specialist based at law firm Irwin Mitchell, urged the Appeal Court judges to be on the "right side of history".

Lord Burnett, the Lord Chief Justice and most senior judge in England and Wales, Lady Justice King and Lord Justice Singh began analysing arguments at a Court of Appeal hearing today.

The hearing is due to finish tomorrow.

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