Trans Parenthood and the Meaning of ‘Mother’, ‘Father’ and ‘Parent’—R (McConnell and YY) v Registrar General for England and Wales [2020] EWCA Civ 559

Brown, A. (2021) Trans Parenthood and the Meaning of ‘Mother’, ‘Father’ and ‘Parent’—R (McConnell and YY) v Registrar General for England and Wales [2020] EWCA Civ 559. Medical Law Review, 29(1), pp. 157-171. (doi: 10.1093/medlaw/fwaa036) (PMID:33718953)

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Abstract

In R (McConnell and YY) v Registrar General for England and Wales [2020] EWCA Civ 559, the Court of Appeal held the Registrar General was correct to register a trans man, who had given birth after the issuing of his gender recognition certificate, as ‘mother’ on his son’s birth certificate. In their judgement, the court rejected the appellants’ contention that the Gender Recognition Act 2004 should be construed to allow registration as either ‘father’ or ‘parent’. The court further held that the interference with the appellants’ Article 8 rights which resulted from the registration as ‘mother’ was proportionate and justified.

Item Type:Articles
Status:Published
Refereed:Yes
Glasgow Author(s) Enlighten ID:Brown, Dr Alan
Authors: Brown, A.
College/School:College of Social Sciences > School of Law
Journal Name:Medical Law Review
Publisher:Oxford University Press
ISSN:0967-0742
ISSN (Online):1464-3790
Published Online:15 March 2021
Copyright Holders:Copyright © 2021 The Author
First Published:First published in Medical Law Review 29(1): 157-171
Publisher Policy:Reproduced in accordance with the publisher copyright policy

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