LONDON — A woman in the United Kingdom who identifies as a man has launched a legal challenge against the British government in her quest to be listed on her child’s birth certificate as the infant’s “father” instead of “mother.”
The Registrar General, which records births, deaths and marriages, advised the woman, who is only identified as T.T., that the law requires that she be listed as the mother as she gave birth to the child.
But T.T. and her attorneys assert that the government has engaged in discrimination and that she should be allowed to be recognized as the the father due to mindsets that have “evolved in society.”
They state that requiring her to be listed as the mother violates her rights to privacy and family life, and that it is “illogical” for those who identify as transgender, as well as “insensitive, dehumanizing and stressful.”
“It is an accepted fact that a female who transitions to male may in law maintain the ability to conceive and give birth to a child,” argued Hannah Markham QC, according to The Week.
T.T. had been granted a Gender Recognition Certificate to be legally recognized as a man, and just days afterward, underwent artificial insemination via a sperm donor to conceive a child. However, artificial insemination is only available to women as per the Human Fertilization and Embryology Act.
The child doesn’t have a biological father on his or her birth certificate, and the infant’s mother wants to be listed as the father since she identifies as a man and was legally recognized as one at the time she gave birth.
T.T. has taken the matter to the high court in London, and Sir Andrew McFarlane of the Family Division heard the case on Thursday. If the woman succeeds, her child will be the first in the U.K. not to have a mother on his or her birth certificate.
Attorney Ben Jaffey, arguing on behalf of the Department of Health, told the court that the woman’s request should be denied because other women who identify as men have had no problem being listed as the mother. He said that being a mother isn’t necessarily a “gendered term” in this day and age.
“The status of a mother is no longer gender-specific,” he said, according to The Conservative Woman. “Being a mother is no longer necessarily a gendered term. A man can be—and, in this case of T.T., is—a mother. He has chosen to give birth to and lovingly raise a child.”
“It is not an unusually held view in the transgender community to refer to a transgender man who has given birth … as a mother. They recognize the complexity of the situation,” Jaffey stated.
Samantha Broadfoot QC, argued on behalf of the AIRE Center that “The child sees itself, and is presented to the world, as if T.T. is its dad” and requiring T.T. to remain listed as the mother “undermines the child’s individual identity and their moral and social security.”
McFarlane reportedly expressed concern that the woman was allowed to obtain artificial insemination in the first place if she was legally identified as a man, but also suggested that the government should review the law. He was advised that government workers had posed the idea of listing the woman as “male mother.”
“The case highlights the Pandora’s Box that has been opened by dogma surrounding fertility treatment and allowing people to choose their own gender,” remarked Ann Farmer for The Conservative Woman. “The idea that someone who strongly identifies as a man would want to give birth to a child throws the whole ‘trans’ ideology into doubt, but it has powerful supporters …”
“Their ideology is driven by the belief that what makes adults happy must make children happy too, but what any child wants is a father and mother—preferably under the same roof—not a ‘male mother.'”