London Daily

Focus on the big picture.
Friday, Aug 22, 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
Ukraine Declares De Facto War on Hungary and Slovakia with Terror Drone Strikes on Their Gas Lifeline
Animated K-pop Musical ‘KPop Demon Hunters’ Becomes Netflix’s Most-Watched Original Animated Film
New York Appeals Court Voids Nearly $500 Million Civil Fraud Penalty Against Trump While Upholding Fraud Liability
Elon Musk tweeted, “Europe is dying”
Far-Right Activist Convicted of Incitement Changes Gender and Demands: "Send Me to a Women’s Prison" | The Storm in Germany
Hungary Criticizes Ukraine: "Violating Our Sovereignty"
Will this be the first country to return to negative interest rates?
Child-free hotels spark controversy
North Korea is where this 95-year-old wants to die. South Korea won’t let him go. Is this our ally or a human rights enemy?
Hong Kong Launches Regulatory Regime and Trials for HKD-Backed Stablecoins
China rehearses September 3 Victory Day parade as imagery points to ‘loyal wingman’ FH-97 family presence
Trump Called Viktor Orbán: "Why Are You Using the Veto"
Horror in the Skies: Plane Engine Exploded, Passengers Sent Farewell Messages
MSNBC Rebrands as MS NOW Amid Comcast’s Cable Spin-Off
AI in Policing: Draft One Helps Speed Up Reports but Raises Legal and Ethical Concerns
Shame in Norway: Crown Princess’s Son Accused of Four Rapes
Apple Begins Simultaneous iPhone 17 Production in India and China
A Robot to Give Birth: The Chinese Announcement That Shakes the World
Finnish MP Dies by Suicide in Parliament Building
Outrage in the Tennis World After Jannik Sinner’s Withdrawal Storm
William and Kate Are Moving House – and the New Neighbors Were Evicted
Class Action Lawsuit Against Volkswagen: Steering Wheel Switches Cause Accidents
Taylor Swift on the Way to the Super Bowl? All the Clues Stirring Up Fans
Dogfights in the Skies: Airbus on Track to Overtake Boeing and Claim Aviation Supremacy
Tim Cook Promises an AI Revolution at Apple: "One of the Most Significant Technologies of Our Generation"
Apple Expands Social Media Presence in China With RedNote Account Ahead of iPhone 17 Launch
Are AI Data Centres the Infrastructure of the Future or the Next Crisis?
Cambridge Dictionary Adds 'Skibidi,' 'Delulu,' and 'Tradwife' Amid Surge of Online Slang
Bill Barr Testifies No Evidence Implicated Trump in Epstein Case; DOJ Set to Release Records
Zelenskyy Returns to White House Flanked by European Allies as Trump Pressures Land-Swap Deal with Putin
The CEO Who Replaced 80% of Employees for the AI Revolution: "I Would Do It Again"
Emails Worth Billions: How Airlines Generate Huge Profits
Character.ai Bets on Future of AI Companionship
China Ramps Up Tax Crackdown on Overseas Investments
Japanese Office Furniture Maker Expands into Bomb Shelter Market
Intel Shares Surge on Possible U.S. Government Investment
Hurricane Erin Threatens U.S. East Coast with Dangerous Surf
EU Blocks Trade Statement Over Digital Rule Dispute
EU Sends Record Aid as Spain Battles Wildfires
JPMorgan Plans New Canary Wharf Tower
Zelenskyy and his allies say they will press Trump on security guarantees
Beijing is moving into gold and other assets, diversifying away from the dollar
Escalating Clashes in Serbia as Anti-Government Protests Spread Nationwide
The Drought in Britain and the Strange Request from the Government to Delete Old Emails
Category 5 Hurricane in the Caribbean: 'Catastrophic Storm' with Winds of 255 km/h
"No, Thanks": The Mathematical Genius Who Turned Down 1.5 Billion Dollars from Zuckerberg
The surprising hero, the ugly incident, and the criticism despite victory: "Liverpool’s defense exposed in full"
Digital Humans Move Beyond Sci-Fi: From Virtual DJs to AI Customer Agents
YouTube will start using AI to guess your age. If it’s wrong, you’ll have to prove it
Jellyfish Swarm Triggers Shutdown at Gravelines Nuclear Power Station in Northern France
×