A trans-identified female in England cannot be listed as the father of a child to whom she gave birth, an appeals court ruled. A three-judge panel from the Court of Appeal of England and Wales headed by Lord Chief Justice Ian Burnett has upheld an earlier high court ruling against 34-year-old journalist Freddy McConnell. “At common law a person whose egg is inseminated in their womb and who then becomes pregnant and gives birth to a child is that child’s ‘mother,’” the appeals court decision reads. “The status of being a ‘mother’ arises from the role that a person has undertaken in the biological process of conception, pregnancy and birth.” According to court documents, McConnell has identified as a male since age 22.
McConnell underwent a double mastectomy as well as hormone treatment. But after stopping the hormone treatment in 2016 he underwent intrauterine insemination fertility treatment, McConnell became pregnant and gave birth in January 2018. The court’s ruling supports the earlier decision in which the High Court of Justice, Family Division ruled that motherhood is defined as a “status afforded to a person who undergoes the physical and biological process of carrying a pregnancy and giving birth” no matter what gender the mother is recognized as under the Gender Recognition Act. “The view that Parliament has taken is that every child should have a mother and should be able to discover who their mother was, because that is in the child’s best interests.
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