Menu My portfolio: 0

Trans man who gave birth to a child must be registered as “mother”

R (TT) v Registrar General for England and Wales & Ors [2019] EWHC 2384 (Fam)

Related Member(s):
Sarah Hannett
Related Practice Area(s):
Discrimination and Equality, Public Law
Court:

Establishes a definition of the term ‘mother’ for the first time under the English common law.

Held: it is 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’. There is a pressing need for Government and Parliament to address square-on the question of the status of a trans-male who has become pregnant and given birth to a child.

Sarah Hannett was involved in this case.

Judgment here https://www.judiciary.uk/wp-content/uploads/2019/09/TT-and-YY-APPROVED-Substantive-Judgment-McF-25.9.19.pdf

Court’s Press Summary here https://www.judiciary.uk/wp-content/uploads/2019/09/TT-and-YY-Summary.pdf

25 Sep 2019.