The President of the Family Division has ruled that a transgender man who has given birth to a child should be recorded on the child’s birth certificate as “mother”. The Court held:
“… 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'.”
Ben Jaffey QC acted for the Secretaries of State.
The full judgment is available here.