It is becoming increasingly common these days for individuals born of one gender to elect to change their gender during their lifetime.

A key case has just been decided called TT and YY [2019] EWHC 2384.

The case centred around an individual born a female who subsequently transitioned to a male. That person became pregnant and gave birth after fertility treatment and artificial insemination by inter uterine insemination. Was the person to be named a mother or a father on the child’s birth certificate?

The Court has decided that there is a material difference between a person’s gender and their status as a parent. Historically being a ‘mother’ was always associated with being female. Nowadays, however, being a mother is a status given to a person who undergoes the physical and biological process of carrying a pregnancy and giving birth. It is now medically and legally possible for an individual whose gender is recognised in law as male, to become pregnant and give birth to their child. Whilst that person’s gender is ‘male’, their parental status, which derives from their biological role in giving birth is that of a ‘mother’.

In this case if you require any further help or assistance with this or any other family matter please do not hesitate to contact a member of our Family team.

RELATED:   EXPERTISE - FAMILY


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