A year-long legal battle in French courts over the registration of a transgender woman as a second mother ends and sets a far-reaching precedent for the future.
Toulouse – Courts in France make a far-reaching decision. For the first time, a transgender woman who fathered a child before her gender reassignment, and thus officially as a man, can have her name entered in the birth certificate as a second mother. On Wednesday (February 9th, 2022) an appeals court in Toulouse in southern France ruled in favor of the woman after years of litigation.
Known in court under the fictitious name Claire, the 52-year-old woman has been officially registered as a woman for years, but only later underwent gender reassignment surgery. Because the registrar did not want to enter her as a second mother in her daughter’s birth certificate, she went to court in 2014.
France: Transgender woman ensures two justice firsts
An appeals court in Montpellier had allowed the family to register Claire neither as father nor mother, but as “biological parent” – this was also a first in France. However, the family was not satisfied with this. In addition, the French Court of Cassation overturned the judgment in 2020, as the definition of “biological parent” was not provided for in French law. The chief justices referred the case to the Court of Appeal in Toulouse.
Since “in this case two maternal ancestry could be established”, the court in Toulouse concluded that Claire can be entered in the birth certificate as the mother. Clélia Richard, Claire’s attorney, spoke of a landmark judgment. The “simplicity of the situation” is finally reflected in French law. In addition, Claire’s child is not the only one affected. The court’s decision will therefore “reassure” many expectant parents in France. (lz/afp)
