London Daily

Focus on the big picture.
Friday, Sep 12, 2025

Transgender man loses court battle to be registered as father

Transgender man loses court battle to be registered as father

Ruling in Freddy McConnell case is first legal definition of a mother in English common law

A transgender man from Kent who gave birth with the help of fertility treatment cannot be registered as his child’s father, the most senior family judge in England and Wales has ruled.

In the first legal definition of a mother in English common law, Sir Andrew McFarlane, the president of the high court’s family division, ruled on Wednesday that motherhood was about being pregnant and giving birth regardless of whether the person who does so was considered a man or a woman in law.

Freddy McConnell, 32, who has lived as a man for several years but retained his female reproductive system and gave birth in 2018, went to court after a registrar insisted he was recorded as the baby’s mother on the birth certificate despite holding a gender recognition certificate that made it clear the law considered him male.

The ruling was quickly attacked by campaigners and lawyers as a blow to the rights of trans parents and their children and sparked calls, including from the judge, for legislative reform.

“Being a ‘mother’ or a ‘father’ with respect to the conception, pregnancy and birth of a child is not necessarily gender specific,” McFarlane concluded after McConnell requested a judicial review.

“There is a material difference between a person’s gender and their status as a parent. Being a ‘mother’, whilst hitherto always associated with being female, is the status afforded 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 ‘mother’.”

McConnell, a Guardian multimedia journalist who had experienced gender dysphoria since childhood and realised he was trans in 2010, aged 23, said he was “saddened” by the decision in favour of the government and the registrar, which resisted McConnell’s claim to be recognised as his child’s father. He is considering an appeal.

“If it is upholding the status quo then I am really worried about what that this means not just for me but other trans people who are parents or who want to become parents,” he said.

“It has serious implications for non-traditional family structures. It upholds the view that only the most traditional forms of family are properly recognised or treated equally. It’s just not fair.”

McConnell has long lived as a male, starting testosterone treatment in April 2013 and undergoing chest reshaping surgery in Florida. In 2016, he sought advice from a fertility clinic about becoming pregnant. His hormone treatment was suspended, which had the effect of reversing some of the gender-reassignment process, leaving him destabilised, which he described as a “loss of myself”. His menstrual cycle restarted and he became pregnant in 2017 using sperm from a donor. He gave birth in 2018.

McConnell’s journey to parenthood was captured in a recent feature-length documentary, Seahorse, a reference to the fish that reproduce through male pregnancies.

Stonewall, the LGBT charity, said the ruling was “deeply disappointing” and failed to recognise trans parents for who they were. “It’s another example of how current legislation contradicts the fragile equality trans people currently have,” said Laura Russell, the director of campaigns.

Michael Wells-Greco, a partner at the law firm Charles Russell Speechlys, said the ruling “flies in the face of the social reality of this family” while the law firm Irwin Mitchell said it was time England “respect the human rights of the trans community” and follow Canada and Sweden, which allow gender neutral birth certificates.

The judge praised McConnell for “properly and bravely” bringing his case and said there was a “pressing need” for the government and parliament “to address square-on the question of the status of a trans male who has become pregnant and given birth to a child”.

He said existing legislation and UK and European human rights case law “do not themselves directly engage with the central question”.

He conceded that “the social and psychological reality” of McConnell’s relationship with his child was as a father and this was in tension with the law as it stands.

In the Netherlands, for example, trans men who give birth are registered as fathers.

In July, McConnell’s anonymity in the case was lifted following applications from news media organisations who argued the self-generated publicity around the pregnancy and birth in the film and the public interest in the question of how the state recognised parenthood meant his identity should be known.

McConnell’s wish to be registered as his child’s father plunged him into a web of different laws. His intrauterine insemination fertility treatment was governed by the Human Fertilisation and Embryology Act 2008 which defines treatments as “assisting women to carry children”, his gender reassignment was under the Gender Recognition Act 2004 and he registered the birth under the Births and Deaths Registration Act 1953 which allows for people to tick “father/parent” only where a woman is to be a second female parent .

The registrar’s insistence McConnell be registered as “mother” appeared to him to be a result of an administrative need for every child to have a registered mother and was a breach of McConnell’s rights under the Human Rights Act 1998, his lawyers argued. Finally, those acting for the child applied under the Family Law Act 1986 for a declaration that McConnell was his father.

A representative for the child told the court that it was important for his identity and self-esteem that the birth certificate “reflects the reality of his life”.

“Father means male parent,” they said. “That is exactly what [McConnell] is. Anything else gives the impression of something secretive or shameful. This could lead [the child] to feeling excluded for society and that he is different or odd.”

McFarlane concluded the decision to register McConnell as a mother did not breach his or his child’s human rights and, given the Gender Recognition Act was both retrospective and prospective, it was also in line with that law.

The Aire Centre, a legal charity that helps people assert their human rights, also intervened in the case to highlight the right of children to be protected from discrimination due to the sexual orientation or gender identity of their parents, as well as children’s right to know their lineage.

Newsletter

Related Articles

0:00
0:00
Close
German police raid AfD lawmaker’s offices in inquiry over Chinese payments
Turkish authorities seize leading broadcaster amid fraud and tax investigation
Volkswagen launches aggressive strategy to fend off Chinese challenge in Europe’s EV market
ChatGPT CEO signals policy to alert authorities over suicidal youth after teen’s death
The British legal mafia hit back: Banksy mural of judge beating protester is scrubbed from London court
Surpassing Musk: Larry Ellison becomes the richest man in the world
Embarrassment for Starmer: He fired the ambassador photographed on Epstein’s 'pedophile island'
Manhunt after 'skilled sniper' shot Charlie Kirk. Footage: Suspect running on rooftop during panic
Effective Protest Results: Nepal’s Prime Minister Resigns as Youth-Led Unrest Shakes the Nation
Qatari prime minister says Netanyahu ‘killed any hope’ for Israeli hostages
King Charles and Prince Harry Share First In-Person Moment in 19 Months
Starmer Establishes Economic ‘Budget Board’ to Centralise Policy and Rebuild Business Trust
France Erupts in Mass ‘Block Everything’ Protests on New PM’s First Day
Poland Shoots Down Russian Drones in Airspace Violation During Ukraine Attack
Brazilian police say ex-President Bolsonaro had planned to flee to Argentina seeking asylum
Trinidad Leader Applauds U.S. Naval Strike and Advocates Forceful Action Against Traffickers
Kim Jong Un Oversees Final Test of New High-Thrust Solid-Fuel Rocket Engine
Apple Introduces Ultra-Thin iPhone Air, Enhanced 17 Series and New Health-Focused Wearables
Macron Appoints Sébastien Lecornu as Prime Minister Amid Budget Crisis and Political Turmoil
Supreme Court temporarily allows Trump to pause billions in foreign aid
Charlie Sheen says his father, Martin Sheen, turned him in to the police: 'The greatest betrayal possible'
Vatican hosts first Catholic LGBTQ pilgrimage
Apple Unveils iPhone 17 Series, iPhone Air, Apple Watch 11 and More at 'Awe Dropping' Event
Pig Heads Left Outside Multiple Paris Mosques in Outrage-Inducing Acts
Nvidia’s ‘Wow’ Factor Is Fading. The AI chip giant used to beat Wall Street expectations for earnings by a substantial margin. That trajectory is coming down to earth.
France joins Eurozone’s ‘periphery’ as turmoil deepens, say investors
On the Anniversary of Queen Elizabeth’s Death: Prince Harry Returns to Britain
France Faces New Political Crisis, again, as Prime Minister Bayrou Pushed Out
Murdoch Family Finalises $3.3 Billion Succession Pact, Ensuring Eldest Son’s Leadership
Big Oil Slashes Jobs and Investments Amid Prolonged Low Crude Prices
Court Staff Cover Up Banksy Image of Judge Beating a Protester
Social Media Access Curtailed in Turkey After CHP Calls for Rallies Following Police Blockade of Istanbul Headquarters
Nayib Bukele Points Out Belgian Hypocrisy as Brussels Considers Sending Army into the Streets
Elon Musk Poised to Become First Trillionaire Under Ambitious Tesla Pay Plan
France, at an Impasse, Heads Toward Another Government Collapse
Burning the Minister’s House Helped Protesters to Win Justice: Prabowo Fires Finance Minister in Wake of Indonesia Protests
Brazil Braces for Fallout from Bolsonaro Trial by corrupted judge
The Country That Got Too Rich? Public Spending Dominates Norway Election
Nearly 40 Years Later: Nike Changes the Legendary Slogan Just Do It
Generations Born After 1939 Unlikely to Reach Age One Hundred, New Study Finds
End to a four-year manhunt in New Zealand: the father who abducted his children to the forests was killed, the three siblings were found
Germany Suspends Debt Rules, Funnels €500 Billion Toward Military and Proxy War Strategy
EU Prepares for War
BMW Eyes Growth in China with New All‑Electric Neue Klasse Lineup
Trump Threatens Retaliatory Tariffs After EU Imposes €2.95 Billion Fine on Google
Tesla Board Proposes Unprecedented One-Trillion-Dollar Performance Package for Elon Musk
US Justice Department Launches Criminal Mortgage-Fraud Probe into Federal Reserve Governor Lisa Cook
Escalating Drug Trafficking and Violence in Latin America: A Growing Crisis
US and Taiwanese Defence Officials Held Secret Talks in Alaska
Report: Secret SEAL Team 6 Mission in North Korea Ordered by Trump in 2019 Ended in Failure
×