British courts have been handling a number of transgender reform cases this year, most of which haven’t gone well for the plaintiffs. The most recent incidence centered on an upcoming change in the law (under the Gender Recognition Act) that will ban children under the age of 18 from having irreversible transgender “transitional” surgery. But now another one has come up relating to a different aspect of the debate. A woman identifying as a male gave birth to a child and insisted on being listed as the baby’s father. The courts saw it differently and ruled that she was the mother of the child in every scientific sense that mattered. (Christian Post)
A trans-identified female in England can not be listed as the father of a child to whom she gave birth, an appeals court ruled.
A three-judge panel from the Court of Appeal of England and Wales headed by Lord Chief Justice Ian Burnett last week upheld an earlier high court ruling against 34-year-old journalist Freddy McConnell.
“At common law a person whose egg is inseminated in their womb and who then becomes pregnant and gives birth to a child is that child’s ‘mother,’” the appeals court decision reads. “The status of being a ‘mother’ arises from the role that a person has undertaken in the biological process of conception, pregnancy and birth.”
Freddy McConnell had already lost this battle once. The lower court had ruled that the terms mother or motherhood are defined as a “status afforded to a person who undergoes the physical and biological process of carrying a pregnancy and giving birth” no matter what gender the mother is recognized as.