the prosecution pleads for the recognition as mother of a transgender woman
She does not appear on the birth certificate of her child born in 2014, because the registrar refused to register her as a mother.
A transgender woman, recognized as a woman in civil status and having conceived her child before her operation, can she be declared “simple“? The general prosecutor’s office pleaded Wednesday, December 1 to this effect, the Toulouse Court of Appeal will render its decision on February 9.
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Asked by AFP at the end of the hearing, the Attorney General Franck Rastoul said that he had requested that “can be established a second maternal filiation, in accordance with the civil status and the gender identity of (* Claire), subject to a relative change of sex in the margin of the birth certificate“.
A legal vacuum plunges * Claire, 52, biological parent and female on her identity card, in a paradoxical situation. She does not appear on the birth certificate of her child born in 2014, because the registrar refused to register her as a mother. To appear as a mother, the civil registry had advised her to go through an adoption procedure, unacceptable for her, being a biological parent. “There has been a big step forward todayยป, Responded Catherine Clavin, lawyer for the Association of Gay and Lesbian Parents (APGL). “Provided that the Toulouse Court of Appeal follows the requisitions of the Attorney GeneralShe adds.
On the other hand, she regrets that the public prosecutor insists that a mention relating to the change of sex appear on the birth certificate of the 7-year-old girl, considering that it was “stigmatizing“. Engaged since 2014 in a judicial standoff, Claire hopes that February 9, date of the decision of the court of appeal, will mark the end of the procedure. “I have been his mother since birth, I am the first to have hugged him, she calls me mother. I hope that justice will recognize it. I have been fighting for 8 years against this legal vacuumShe said.
First names have been changed at the request of the interviewee