Claire gave birth to a daughter in 2014, she demands to be recognized as his mother, as she changed her gender from birth. This is a legal notice with great significance
Claire gave birth to a daughter in 2014, she demands to be recognized as his mother, as she changed her gender from birth.
This is a legal notice with great significance for the biological children of a transgender parent: the Chief Counsel of the Court of Cassation ruled on Tuesday in favor of recognizing a transgender woman, born as a man, as the mother of her daughter.
Until now, the judiciary has considered that only the words “biological parent” can be entered in the family book, because the situation is clear [the names have been changed]a 51-year-old transgender woman, who was born male and had a child after transitioning, faces a legal vacuum.
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In 2011, Claire was officially recognized as a woman in her marital status. After this change of genre, he and his wife Sophie had a daughter naturally in 2014, since at that time she had not yet been operated on and still had male genitalia. Since then, he has been asking to be recognized as the mother of his daughter, which has always been denied to him: as a parent, we suggested him the status of a father or that he adopt his daughter as a second mother.
At the end of 2018, the appeals court in Montpellier finally granted the status of “biological parent”, in a previously unpublished ruling. A category that “doesn’t exist in French law, it’s either the father or the mother,” says Me Mathieu Stoclet, a lawyer who defended before the Court of Cassation.
Decision of the Court of Cassation from September 16
In his opinion published on Tuesday, the Supreme Court’s Solicitor General supports the same reasoning. “Determining the parents in the child’s birth certificate (…) will take into account the reality of the marital status of each parent,” she wrote.
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Claire is “a female recognized by a court ruling, (…) she must be listed on his daughter’s birth certificate, as the mother,” according to the judge, who suggests the judges put an additional declaration on the birth certificate, which refers to his gender change.
“Such a statement would reveal my client’s transidentity. It does not respect her right to privacy and ignores the best interests of the child”, however, believes Me Stoclet. “Since 2011, the Republic recognizes that she is a woman, recognizes her as a mother, it is a story of consistency.” The decision of the Court of Cassation is expected on September 16, and the family and its lawyers are planning a press conference in front of the court on that day.
Date of update: June 26, 2020, 5:58 p.m
Categories: Optical Illusion
Source: newstars.edu.vn