Girl has 2 mothers, no father!
Published: 01:37 PM, 17 September 2020 Updated: 01:56 PM, 17 September 2020
Over a widely discussed issue of a transgendered woman's demand to be a legal mother of a daughter in France, the country’s highest court has ruled that a transgender woman cannot be officially recognized as the biological mother of the child that she conceived with her wife.
The 51 years old applicant, who was born male, later recognized as a woman by French authorities in 2011, has demanded to be one of the two legal mothers the six-year-old girl. But the court has rejected the demand and advised to adopt the girl instead.
The transgender woman would have to adopt her; declared the Cour de Cassation, the legal body to deal the civil and criminal matters in France.
The transgender woman had a child with her wife in 2014, having not undergone the operation to have her male reproductive organs removed.
She has fought ever since to be recognized as the child's second mother, not father.
In 2018, an appeals court in the city of Montpellier ascribed her the status of 'biological parent', a new category.
But the Cour de Cassation threw out most of that ruling on Wednesday, and referred the case back to a lower court for a new hearing.
The woman's lawyer, Clelia Richard, described the ruling as 'scandalous' and said it was a 'lost opportunity.'
'The fight is unfortunately not over,' she said.
Another campaigner, Mathieu Stoclet, pointed out the 'incoherence' of the woman being recognized as female by the French system, but at the same time as the child's father.
'The ruling is a considerable step backward towards a concept of parenthood that was believed to be long buried,' said Bertrand Perier of the APGL association of gay and lesbian parents.
Lawyers for the woman said they would take the matter to the European Court of Human Rights.