Trans woman lost candidacy to be recognized as the mother of her child (Envato Elements)
The 51-year-old woman, called Claire, was informed by the Court of Cassation on Wednesday September 16 that she can only be recognized as the mother of her child by adopting it.
She and her wife had a child together in 2014, three years after obtaining legal gender recognition in France.
The woman has since fought for the right to be officially considered the child’s second mother – but the French authorities have resisted, France 24 reports.
In short, it amounts to saying to my client: “Either you adopt or you are not his mother”.
Although the woman is legally recognized as a woman, she is still considered the father of her child on legal documents.
The woman had previously been granted the right to be recognized under the new category of ‘biological parent’ in a Montpellier court in 2018 – but the Court of Cassation overturned much of that decision in its ruling on Wednesday.
The trans woman was told by a French court that she had to adopt her child to be considered a mother.
Clelia Richard, the trans woman’s lawyer, called the court decision “outrageous” and said it was a “missed opportunity”.
“My client is devastated,” said Richard Release. “It’s a missed opportunity. The judicial system is rigid, immobile, as is often the case. ”
“In short, it is like saying to my client, ‘Either you adopt or you are not her mother.’ ‘
“The fight is unfortunately not over,” she said.
LGBT + activist Mathieu Stoclet criticized the double standard at play, according to which a woman can be legally recognized as a woman, but cannot be recognized as the mother of the child.
Meanwhile, Bertrand Perier of the APGL Association of Gay and Lesbian Parents said: “The decision is a significant step backwards towards a concept of parenthood that was long believed to be buried.
Bastien Lachaud, a member of the France Unbowed party, said the court ruling was “unfair and incomprehensible” and called for legal reform to allow trans people to be recognized as the parents of their own children.
The woman’s legal team said they would continue to pursue the case and take their fight for recognition to the European Court of Human Rights.