On February 9, 2022, a transgender woman won the case, and the victory in this case will leave a strong mark on the French judicial system!
First, to explain the small concept, transgender women, also known as male transgender women (MTF), refers to the gender designated as male at birth, and then undergo medical treatment to become female. Transwoman (English), Femme Transgenre (French).
Claire, 53, is a transgender woman who underwent sex reassignment surgery in February 2011 and has since become a woman.
Claire had three children with his wife, the first two of whom were born before he changed sex, and the third during his transgender period.
The youngest child was a daughter, and by the time she was born, Claire's IDENTITY had changed to female.
Currently, the three children live in Toulouse with their biological mother and Claire.
Notarization of births went wrong
Claire and the child's biological mother were having trouble giving birth to their youngest daughter!
Because on the birth certificate, there is only one "mother" position, and the Toulouse town hall refuses to adjust for their request.
To this day, there are many parents in France who face this problem, and they have two solutions: either to maintain the status of "father"; or to adopt their own biological child as a second "mother" in law.
Claire rejects both solutions.
After eight years, I won the case
Thus began the long road to appeal, with Claire's appeal to legally obtain the rights of the mother of her young daughter.
Finally, after the little daughter grew from a small baby to an 8-year-old girl, Claire won the case!
On February 9, the Court of Appeal of Toulouse (Cour d'Appel de Toulouse) ruled in favor of Claire in a statement.
"The Court of Appeal of Toulouse authorized a reference to the identity of the mother's husband in the child's birth certificate, holding that in the present case it is possible to establish the kinship of the two mothers," the statement said. “
Isn't there some twisting?
In other words, the court recognized Claire's identity as the child's mother, along with the child's mother, as two mothers, on the daughter's birth notary!
Clelia Richard, Claire's lawyer, said: "In France, there are many parents and people who will become parents in the future who will encounter similar problems. Claire's victory also opened up new ideas for them! “
Winding road
In recent years, Claire has gone through many twists and turns in order to justifiably become a mother of her children.
Before 2016, people in France who wanted to change their gender had to undergo sex reassignment surgery and prove the irreversibility of their physical appearance changes.
After the end of 2016, the law was adjusted to empower citizens to change their gender without undergoing gender reassignment surgery.
But the law leaves some gaps, as there are no provisions relating to the paternity of children born after the modification of the reference to gender in citizenship, so pregnant mothers are no longer exclusive.
That said, there are no clear legal provisions for situations like Claire's.
However, the New York Convention (Convention on the Recognition and Enforcement of Foreign Arbitral Awards) and the European Convention on Human Rights set out, respectively, the best interests of the child and the right to respect private life.
Therefore, as long as it does not violate the basic principles of national law, it is necessary to allow a child born to a transgender couple whose members are members to make a double determination of the parent-child relationship between the parents.
In particular, on 2 August 2021, a new law was introduced: a pair of mothers, allowing non-pregnant mothers to recognize their unborn children in advance in the case of medically assisted reproduction, which indicates that there is no interference to public order caused by the establishment of a dual mother-child relationship (excluding adoption).
Therefore, the decision made by the Court of Appeal of Toulouse, which is the first time in France!
Claire's lawyer said: "My client would like to take into account her changed and recognized female identity because she is already a woman in the legal sense.
So France should recognize her as a mother, which is an inherent kinship.
And we have appealed for so many years, and it takes the judgment of the Court of Appeal of Toulouse to realize Creil's wish to be a mother! “
Claire wins, what do you think?
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Ref：
https://www.leparisien.fr/societe/toulouse-la-cour-dappel-reconnait-le-droit-pour-une-femme-transgenre-detre-designee-comme-la-mere-de-sa-fille-09-02-2022-3YFIEC53JVGLVBMRORSI3CZ3ZA.php
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