Trans Parenthood and the Meaning of ‘Mother’, ‘Father’ and ‘Parent’—R (McConnell and YY) v Registrar General for England and Wales [2020] EWCA Civ 559 (2024)

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Alan Brown

School of Law, University of Glasgow

, Glasgow, G12 8QQ,

UK

alan.brown.2@glasgow.ac.uk.

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Oxford Academic

Medical Law Review, Volume 29, Issue 1, Winter 2021, Pages 157–171, https://doi.org/10.1093/medlaw/fwaa036

Published:

15 March 2021

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    Alan Brown, Trans Parenthood and the Meaning of ‘Mother’, ‘Father’ and ‘Parent’—R (McConnell and YY) v Registrar General for England and Wales [2020] EWCA Civ 559, Medical Law Review, Volume 29, Issue 1, Winter 2021, Pages 157–171, https://doi.org/10.1093/medlaw/fwaa036

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Abstract

In R (McConnell and YY) v Registrar General for England and Wales [2020] EWCA Civ 559, the Court of Appeal held the Registrar General was correct to register a trans man, who had given birth after the issuing of his gender recognition certificate, as ‘mother’ on his son’s birth certificate. In their judgement, the court rejected the appellants’ contention that the Gender Recognition Act 2004 should be construed to allow registration as either ‘father’ or ‘parent’. The court further held that the interference with the appellants’ Article 8 rights which resulted from the registration as ‘mother’ was proportionate and justified.

Birth registration, Fatherhood, Gender Recognition Act 2004, Legal parenthood, Motherhood, Trans parenthood

© The Author(s) 2021. Published by Oxford University Press; All rights reserved. For permissions, please email: journals.permissions@oup.com

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Topic:

  • birth certificates
  • father
  • judgment
  • mothers
  • country of wales
  • principles of law and justice
  • paternity
  • gender
  • motherhood
  • birth

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