The WLR Daily case summaries
[2020] WLR (D) 254
Court of Appeal
Regina (McConnell) v Registrar General for England and Wales (AIRE Centre intervening)
[On appeal from Regina (TT) v Registrar General for England and Wales (AIRE Centre intervening))
[2020] EWCA Civ 559
2020 March 4, 5;
April 29
April 29
Lord Burnett of Maldon CJ, King, Singh LJJ
Registration of births and deaths— Registration of mother— Transgender male— Female-born claimant undergoing gender transition and obtaining gender recognition certificate as male— First claimant subsequently giving birth to second claimant child— Registry Office refusing to register claimant as child’s father on birth certificate— Whether transgender man giving birth to child “mother” for purposes of domestic law— Whether refusal to register such man as father discriminatory and disproportionate interference with Convention rights— Whether declaration of incompatibility to be granted—
Human Rights Act 1998 (c 42), s 4, Sch 1, Pt I, art 8
—
Gender Recognition Act 2004 (c 7), ss 9, 12