A baby could become the first born in England or Wales to not legally have a mother if a female-to-male transgender activist wins a court battle, historically altering Britain’s definition of a family.
The parent, who was born a woman and still retains female biology including the ability to bear children, has “identified” as a man for a few years and wants to begin the process of effectively legally erasing the essential role of biological women in gibing birth.
The activist is a single parent and has undergone upper body surgery to resemble a man, and now wants to be recognised as the child’s “parent” or “father” on the baby’s birth certificate, The Telegraph reports.
The transgendered man has taken legal action against the body registering births and deaths in the United Kingdom, complaining of discrimination and claiming that being described as a mother after giving birth will violate their “human rights”.
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The judge began hearing preliminary arguments from lawyers representing both sides on Thursday and explained the issue had not yet been raised in a court in England and Wales before.
If the transgendered man wins the case, the government might be forced to change the laws, he explained, permanently altering how Britain legally defines women, mothers, and the family.
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Barrister Hannah Markham QC, who leads the trans activist’s legal team, explained the following in a written outline of the claim: “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.
“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.”
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