Transgender man has fertility treatment and falls pregnant just ten days after completing his legal transition from being a woman – and now wants to be father on birth certificate
- Man has taken case to High Court to be registered as father on birth certificate
- Baby could be first born in England and Wales who will not legally have a mother
- Sir Andrew McFarlane has called on fertility laws in the UK to be re-examined
Eleanor Sharples For The Daily Mail
Sir Andrew McFarlane wants fertility laws to be re-examined after hearing the case of a transgender man who got pregnant with donor sperm
A transgender man who got pregnant with a donor sperm has taken his case to the High Court to be registered as the father on the baby’s birth certificate.
The anonymous man – known only as TT – was born a female but had legally become a man when he gave birth to the child, known as YY.
He has now taken his case to Britain’s top family court to be registered as the father on the child’s birth certificate, rather than as his mother.
If a senior judge rules in favour of TT, the baby could be the first born in England and Wales who will not legally have a mother.
TT says forcing him to register as the child’s ‘mother’ breaches his human right to respect for private and family life.
TT was born a biological woman but ranged a Gender Recognition Certificate (GRC), which allows him to classify as a trans man.
What is a Gender Recognition Certificate?
Under UK law, individuals are considered by the State to be of the gender – either male or female – that is registered on their birth certificates.
The Gender Recognition Act 2004 enables transsexual people to apply to the Gender Recognition Panel to receive a Gender Recognition Certificate (GRC).
If you are granted a full GRC you will, from the date of issue, be considered in the eyes of the law to be of your acquired gender.
You will be entitled to all the rights appropriate to a person of your acquired gender.
This will include the right to retire and receive state pension at the age appropriate to your acquired gender.
The Standard Application track for a Gender Recognition Certificate requires applicants to demonstrate that: they have, or have had, gender dysphoria; they have lived fully for the last two years in their acquired gender and continue to do so; they intend to live permanently in their acquired gender until death.
Days after receiving the certificate, he had intrauterine insemination where one of his eggs was fertilised with the donor sperm.
Top judge Sir Andrew McFarlane wants fertility laws to be re-examined after hearing the case.
Sir Andrew was told civil servants had drawn up a plan to allow the parent to be classed as ‘male mother’, but the judge was told the plan was impractical, the Daily Telegraph reported.
Current UK law states that fertility treatment is only currently accessible to women.
Sir Andrew, president of the Family Division of the High Court, suggested the government should review the 2008 Human Fertilisation and Embryo Authority Act.
‘It is a matter of concern that…the clinic treated TT whilst openly regarding him as a man,’ Sir Andrew said speaking to lawyers representing the Department of Health.
‘I am inviting the government to consider whether the operation of the HFEA Act needs to be looked at.’
The HFEA, which has chosen to not be involved in the High Court case, was not present in court yesterday.
It will be at least another week until a judgment is passed.
Currently, fertility treatment is only available to women under UK law (file photo)