Transgender man continues legal battle to be registered as father

Mr McConnell does not want to be registered as a mother

Friday, October 25, 2019

A transgender man who has given birth but does not want to be described as "mother" on a birth certificate, is set to continue his legal battle.

Journalist Freddy McConnell, 32, wants to be registered as a "father" or "parent" to the child he gave birth to.

The most senior family judge in England and Wales, Sir Andrew McFarlane, ruled against Mr McConnell after a High Court trial in London in September this year, claiming those who gave birth were legally mothers, regardless of their gender.

But lawyers have been given the go-ahead to take McConnell's case to the Court of Appeal.

Court officials say a judge has concluded, after analysing written submissions, that he has an arguable case and can appeal.

They say no date has yet been fixed for any appeal hearing.

Mr McConnell has lived as a man for several years, after realising he was transgender in 2010.

He gave birth in 2018 as he had retained his female reproductive system.

He holds a gender recognition certificate that states the law considers him male, but was still recorded as his baby's mother.

Lawyer Karen Holden, who represented Mr McConnell and is the founder of A City Law Firm, had said she was disappointed that his case was quashed by Sir Andrew.

She said the ruling had highlighted how the law was slow "to keep up to modern society".

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