Toulouse: Claire wants to appear as a mother on her daughter’s civil status
Having become a woman for civil status, Claire is also the father of a child who is now 8 years old. She wants to appear as a mother on her child’s civil status declaration. Justice must find the solution.
“Justice took the time to hear from everyone. A rare and appreciable judicial time”, underlines Me Celia Richard, Claire’s lawyer. Claire, 53 years old, born a man but who became a woman in February 2011. She still lives with the mother of her three children, the last of which is an 8-year-old girl. When she was born, her father was then a woman in the eyes of the law. Only on the official birth certificate of the child, only one mother is registered, not two. Since then the couple tries to convince the courts to confirm two mothers on the civil status certificate.
Yesterday in solemn training received by the First President Jacques Boulard, the civil chamber of the Toulouse Court of Appeal studied this question which came after the casation of a decision taken in Montpellier. A question that poses human problems – how to prevent a parent from being on the birth certificate of his child? – but also legal “with a somewhat outdated understanding”, believes Me Celia Richard. And constraints imposed by the Civil Code and article 320 which prohibits two mothers except in the case of adoption. Justice must therefore decide, find the right one while respecting human choices.
The general prosecutor, through the attorney general Franck Rastoul and the deputy general CĂ©line Fleury, said it was in favor of the registration of the two mothers on the civil status but with the mention of the change of gender of Claire. Claire’s defense considers this precision “discriminatory” when Me Catherine Clavin, lawyer for the association of gay and lesbian parents, qualifies the proposal of the general prosecutor’s office as “a great advance” while deeming “stigmatizing” the precision. “On the contrary, it is respecting the transgender which is already recognized by society. Why not mention it,” wonders Attorney General Franck Rastoul. ,
“Claire is a woman born in a man’s body. She asks neither more nor less than the recognition of what she is a mother,” insists her lawyer Me Richard. And Claire, who says she was the first to take her daughter in her arms when she was born, confides: “My daughter calls me Mom. I hope that justice will recognize him.”
The civil chamber will render its decision on February 9.