England: Baby could become first person without a legal mother

Lawyers for the parent told a judge that he had been born a female and had been biologically able to give birth but had legally become a man by the time the child was born.

The man wants to be recognised as the child’s “father” or its “parent” rather than as its “mother”.

He has since taken legal action against the body established to administer he statutory provisions governing the registration of births and deaths, citing discrimination.

Forcing him to register as the child’s “mother” breached his human rights to respect for private and family life, he claimed.

He added this “interference” was neither proportionate nor necessary given changes that had “evolved in society”.

At the High Court this week, Mr Justice Francis heard preliminary hearings from the man’s lawyers as well as those representing the Registrar General for England and Wales.

He said if the man won his fight, ministers would have to consider a change in the law.

Hannah Markham QC, lead counsel for the man, stated in a written outline: “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.

“(He) seeks a declaration that being forced to register as a mother to his son is contrary to his right to private and family life within Article 8 of the Human Rights Act 1998 and that such interference, in the light of the changes which have evolved in society are no longer proportionate.

“Further (he seeks) a declaration that the current forms utilised by the Registrar General to record parent and parent identity discriminate against trans and intersex parents.”

She added: “It is further averred that the current law relating to the registration of births and deaths is no longer compatible with the changes in society, the evolvement of freedom of expression and gender equality and the protection of an individual’s rights to identify as a particular gender.”

Sarah Hannett, lead counsel for the Registrar General’s team, said the man had given birth after intrauterine insemination treatment.

The Registrar General took the view, she said, that registrars were not permitted to “take the step in question”.