Paris, February 10 (Ren Wan) After a French woman became pregnant, her partner chose to change sex and become a woman. After seven years of struggle, the French judiciary finally recognized the transgender woman Claire as the mother of the child.
On February 9, the Court of Appeal of Toulouse said that previously, the transgender woman Claire had made her partner pregnant (a transgender person who retains reproductive organs); today, the child is born, and the law recognizes that she is the mother of the child. Since then, on the child's birth certificate, claire's name has been included in the mother column.
At first, the couple from Hérault were heterosexual, and after the two had several children, the children's father chose to become a woman. She transgendered while preserving male reproductive organs, leaving her partner pregnant with the youngest child.
When the youngest daughter was born, the biological father of the child had modified the gender information on the identity document to change to female. But staff who register newborn information refuse to treat nonpregnant women as mothers of their children. In the Newborn Mother column, only the child's biological mother can be filled in, and Claire is no longer recognized as the child's father. In this case, Claire could adopt her own biological daughter as an adoptive mother, but she refuses.
So the couple began to seek legal help. In 2018, the Montpellier Court of Appeal announced that transgender women were labeled "biological parents" on birth certificates. But in 2020, the Court of Appeal of Toulouse heard the case again. On 9 February of the same year, the court declared that the transgender woman was the mother of the younger daughter; the court of appeal recognized the mother-daughter relationship between the two.
It is reported that since 2016, French law allows sexual minorities to change gender without accepting gender replacement, and the legal parent-child relationship and biological parent-child relationship can exist at the same time. The incident confirmed that there are hidden loopholes in the law. Because the law does not mention the parent-child relationship with the newborn after the biological parents change genders.
The Court, for its part, held that, in the best interests of the child and respect for his or her private life, it was necessary to allow one of his biological parents to change his gender and to recognize the relationship between the child and the two parents. In addition, from 2021 onwards, one of the female gay couples becomes pregnant through medically assisted reproductive technologies, and the law recognizes their partner's parent-child relationship.
For Claire and her lawyer, Clélia Richard, the "decision of the Court of Appeal of Toulouse" was a great victory. This is the first time France has recognized the parent-child relationship between transgender people and children, and the first in all of Europe. Previously, in most cases, the judiciary would determine the relationship between transgender people based on their original biological sex.
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Wen | Ren Wan