Freddy McConnell, a transgender man who gave birth to his child, is fighting a decision made by a High Court Judge, to be legally registered as his child’s “father” or “parent” on the birth certificate.
Mr McConnell is appealing the High Court Judge’s decision which was made last year, which stated that a person who carries and gives birth to a baby is legally a mother.
Mr MrConnell, who works as a journalist for the Guardian was able to get pregnant biologically, but completed his transition after the child was born. When he went to register his new bundle of joy, the Registry Office wouldn’t allow him to appoint himself as father, as he’d biologically carried the child and would be registered as a “mother”.
This led to Mr McConnell, accusing the General Register Office of discrimination.
Sir Andrew McFarlane, President of the Family Division of the High Court, ruled against Mr McConnell in September 2019. He concluded that people who had given birth were legally mothers, regardless of their gender.
Sir McFarlane said:
“[There was] a material difference between a person’s gender and their status as a parent.”
However, Mr McConnell has now appealed the decision which will be heard by three Appeal Court Judges in London.
On Wednesday 4th March 2020, Hannah Markham QC set out Mr McConnell’s case, stating there were “clear reasons” why he should have won the High Court battle.
Hannah Markham QC said:
“The learned judge was wrong to focus on giving birth as the determining issue when deciding parental roles described in an administrative document.”
Mr McConnell has said the High Court’s decision breached his human right to respect for private and family life.
If the appeal succeeds his son would become the first person born in England and Wales to not legally have a mother.
