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The prosecution in favor of recognition as a mother of a transgender woman

Can a transgender woman, recognized as a woman in civil status and having conceived her child before her operation, be declared ” mother “ ? The public prosecutor’s office pleaded this Wednesday, December 1 to this effect, the Toulouse Court of Appeal will render its decision on February 9.

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”.

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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.

A judicial standoff

“Today there has been a great advance”, responded Catherine Clavin, lawyer for the Association of Gay and Lesbian Parents (APGL). “On condition that the Toulouse Court of Appeal follows the requisitions of the Attorney General”, she adds.

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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”.

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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 her mother since birth, I am the first to take her in my arms, she calls me mother. I hope that justice will recognize it. I have been fighting for 8 years against this legal vacuum ”, she said.

the first name has been changed at the request of the interviewee

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