Jeremy Ford, Partner at Cambridge Family Law Practice, is instructed on behalf of the child in a groundbreaking case being heard before the President of the Family Division from 11-15 February 2019.
The child’s biological parent (“the claimant”) is a transgender male. He became pregnant by way of intrauterine insemination treatment using donor sperm. The hearing has arisen as the Registrar General contends that he only has the power in law to record the claimant on his child’s birth certificate as the mother. Whereas, the claimant argues that such approach breaches his and his child’s article 8 and 14 ECHR rights, and that the birth certificate should record him as his child’s father, parent or gestational parent.
This case, the first of its kind in England and Wales, highlights the inconsistency in the approach in law to the treatment of transgender parents and the impact it has on family life and in this instance, particularly the child. The crucial question being considered is: can an individual who has carried and delivered a child be recorded as the father of that child?
This case will no doubt generate great and varied debate over the constitution of a family and the concept of what is a mother and a father. Anyone who wishes to comment is urged to remind themselves that at the heart of this case is a much loved young child being raised by a loving parent.
If you have any queries about any aspect of family life relating to children then please do not hesitate to contact us on 01223 443333.