The European Court of Human Rights (ECHR) has refused an appeal in the case of a transgender man who wished to be recorded as a father on a birth certificate.
The applicant Y was appealing on the grounds of discrimination. The argument was that he had the right to be listed as the father on his child’s birth certificate because he held a Gender Recognition Certificate (GRC). It was a challenge to the existing law that says that the person who gives birth to a child must be recorded as the mother.
However, this claim was dismissed by the ECHR committee, with the decision being a unanimous one. Family law solicitors in North Wales will likely have been following the whole process closely in case it resulted in a change to the law.
The committee gave its reason for dismissing the appeal claim as inadmissibility. The applicant had argued that being recorded on the birth certificate as female was a breach of rights under the Convention of Human Rights, Article 14. The committee ruled that there were no grounds for that claim.
Speaking to Today’s Family Lawyer, Nathalie Sutherland of International Family Law Group said:
“This is a disappointing outcome for (Y) and his family, following many years of legal proceedings. The case raises important questions about the recognition of trans parents and the way in which the law records and understands modern families.”
At Bennett Smith Solicitors, we offer expert guidance on family law in North Wales. If you think we can help you, get in touch now.
