Transgender man loses appeal and remains recognised as ‘mother’ on child’s birth certificate – Transparency Project

Posted May 14th, 2020 in birth, children, gender, news, paternity, registrars, transgender persons by sally

‘This case concerns an appeal by Alfred McConnell (previously anonymised as TT in the first instance decision). Mr McConnell was born female but around 10 years ago, at the age of 22, transitioned to become male, undergoing testosterone treatment and a double mastectomy. His passport and medical records recorded him as male. In September 2016, Mr McConnell commenced fertility treatment in order to have a child. He was also recorded as male at the fertility clinic. A gender recognition certificate was awarded shortly after in April 2017 so that Mr McConnell could be legally recognised as male. In January 2018, he gave birth to a son, who continued to be known as YY in this appeal. When registering the child’s birth, Mr McConnell was informed that he had to be recognised as the child’s mother on the birth certificate. He sought judicial review of this decision, claiming that he should be recognised as ‘father’, ‘parent’ or ‘gestational’ parent, and that being recognised as ‘mother’ interfered with his and YY’s rights under Article 8 and Article 14 of the European Convention on Human Rights. A declaration of parentage, that Mr McConnell is the father, was also made on behalf of YY, under section 55A of the Family Law Act 1986.’

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Transparency Project, 10th May 2020

Source: www.transparencyproject.org.uk

What would ‘mother’ say? A legal digest of R v Registrar General for England and Wales – KCH Garden Sq

‘The latest article from Family & Civil pupil Samuel Peake looks at how the term ‘mother’ was defined for the first time in common law earlier this year by the President of the Family Division, Sir Andrew McFarlane.’

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KCH Garden Sq, 12th December 2019

Source: kchgardensquare.co.uk

Does the legal definition of a ‘mother’ suit modern society? – Family Law

‘We recently saw the High Court decide that a transgender man who gave birth with the help of fertility treatment cannot be legally registered as the father (or parent) of his child. The case has also provided the first legal definition of a mother.’

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Family Law, 16th October 2019

Source: www.familylaw.co.uk

Enforcing the registration of marriages – lessons from Scotland – Law & Religion UK

Posted August 14th, 2019 in marriage, news, registrars, Scotland by michael

‘An understandable degree of disquiet has been generated by the mistaken suggestion that couples who do not register their completed marriage document within seven days of the wedding will be subject to a significant fine. This has been widely reported and follows from an update of the meeting between the Church of England and Church in Wales, and the General Register Office (GRO). The information provided to this meeting appears to be based upon a misunderstanding or a misinterpretation of the intentions of the provisions within the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019.’

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Law & Religion UK, 14th August 2019

Source: www.lawandreligionuk.com

Registration of a birth: Re T (A child) – Law & Religion UK

Posted July 9th, 2019 in birth, children, news, parental responsibility, registrars, time limits by sally

‘Legislation associated with the naming of children is a recurring theme; our first post was in 2014 and most recently, last September. In contrast to considerations of what names are, and are not, acceptable in law, the judgment Re T (A child) [2019] EWHC 1572 (Fam) concerned a child who had been given a name and surname, but whose father had “strenuously resisted” its formal registration, “notwithstanding that a failure to do so is, in a variety of practical ways, likely to serve as an impediment to the promotion of T’s welfare as well as to have an adverse impact on F’s own legal status”.’

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Law & Religion UK, 8th July 2019

Source: www.lawandreligionuk.com

Criminalising imams will not solve the problem of unregistered marriages – Family Law

Posted January 15th, 2019 in bills, Islam, marriage, news, registrars by tracey

‘In this post Russell Sandberg, Professor of Law at Cardiff University, questions the current proposal for celebrants to face criminal penalties if they fail to ensure the marriage is also civilly registered. He argues that this will not cure concerns about unregistered religious marriages but rather underlines the need for comprehensive reform.’

Full Story

Family Law, 15th January 2019

Source: www.familylaw.co.uk

Baby born to transgender man could become first person without a legal mother – Daily Telegraph

Posted June 8th, 2018 in children, news, registrars, transgender persons by sally

‘A baby could become the first person without a legal mother if a transgender man wins a historic court battle.’

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Daily Telegraph, 7th June 2018

Source: www.telegraph.co.uk

The Insolvency Rules 2016: an assault on red tape? – Hardwicke Chambers

‘The long-awaited overhaul of the Insolvency Rules 1986 (IR 1986) is now complete, and the Insolvency Rules 2016 (IR 2016) came into force on 6 April 2017. The journey to this point has not been without its difficulties and it would be fair to say that many had anticipated them being in force some time earlier. Perhaps unusually for provisions so overtly procedural in their nature, IR 2016 have also proved to be somewhat controversial.

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Hardwicke Chambers, 14th June 2017

Source: www.hardwicke.co.uk

Surrogacy Law /HFEA Update (February 2017) – Family Law Week

‘Andrew Powell, barrister of 4 Paper Buildings, considers recent surrogacy cases in this jurisdiction, developments in the European Court of Human Rights, calls for law reform and recent judgments concerning administrative errors by fertility clinics.’

Full story

Family Law Week, 22nd February 2017

Source: www.familylawweek.co.uk

New powers to tackle sham marriage announced – Home Office

Posted December 1st, 2014 in civil partnerships, fraud, immigration, marriage, press releases, registrars by tracey

‘Home Office will have more time to investigate suspected sham marriages.’

Full press release

Home Office, 25th November 2014

Source: www.gov.uk/home-office

Couple get married in Britain’s first Scientology wedding – The Independent

Posted February 24th, 2014 in charities, equality, marriage, news, registrars, religious discrimination by sally

‘Scientologists Louisa Hodkin and Alessandro Calcioli won a landmark legal battle to have the Church of Scientology recognised as a “place of meeting for religious worship”.’

Full story

The Independent, 23rd February 2014

Source: www.independent.co.uk

Salliss v Hunt – WLR Daily

Salliss v Hunt [2014] EWHC 229(Ch); [2014] WLR (D) 56

‘When considering whether or not to grant an application to annul a bankruptcy order there was no reason in principle why the court should take any account of a debt due to a creditor where the creditor was aware of the bankruptcy but had never submitted a proof and had made an informed commercial decision not to lodge one in the future.’

WLR Daily, 10th February 2014

Source: www.iclr.co.uk

Regina (Hodkin and another) v Registrar General of Births, Deaths and Marriages – WLR Daily

Posted December 17th, 2013 in appeals, law reports, marriage, registrars, Supreme Court by sally

Regina (Hodkin and another) v Registrar General of Births, Deaths and Marriages [2013] UKSC 77; [2013] WLR (D) 492

‘A building in England and Wales could be registered as “place of meeting for religious worship” under section 2 of the Places of Worship Registration Act 1855, with the effect that a valid ceremony of marriage could be performed there, whether or not the services held there involved reverence to a diety.’

WLR Daily, 11th December 2013

Source: www.iclr.co.uk

Scientology case has judges debating the meaning of religion – The Guardian

“Five supreme court justices have spent a day wrestling with notions of God, nirvana and what constitutes worship in an attempt to decide whether Scientologists may conduct weddings.”

Full story

The Guardian, 18th July 2013

Source: www.guardian.co.uk

Proposal to legalise outdoor weddings: Legislation ending need for licensed venue or religious ceremony is discussed by ministers – The Independent

Posted May 15th, 2013 in legislation, licensing, marriage, news, registrars by sally

“Outdoor weddings could become an option for thousands of couples, after the Government agreed to consider allowing groups, including humanists, to conduct legally-binding ceremonies in England and Wales.”

Full story

The Independent, 14th May 2013

Source: www.independent.co.uk

Lillian Ladele is the real loser in Christian discrimination rulings – The Guardian

Posted January 17th, 2013 in employment, human rights, news, registrars, religious discrimination by sally

“It’s good that the ECHR clarified issues about freedom of religion in the UK. But they got it wrong in the case of Ladele.”

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The Guardian, 17th January 2013

Source: www.guardian.co.uk

What a religious discrimination ruling means for local government – The Guardian

“Councils can expect the backing of the legal system if they insist that employees conduct civil partnerships.”

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The Guardian, 16th January 2013

Source: www.guardian.co.uk

Regina (Hodkin and another) v Registrar General of Births, Deaths and Marriages – WLR Daily

Posted January 7th, 2013 in appeals, judicial review, law reports, registrars by sally

Regina (Hodkin and another) v Registrar General of Births, Deaths and Marriages [2012] EWHC 3635 (Admin); [2013] WLR (D) 3

“A Scientologist chapel was not a place of meeting for religious worship for the purposes of section 2 of the Places of Worship Registration Act 1855.”

WLR Daily, 19th December 2012

Source: www.iclr.co.uk

Scientology does not qualify for chapel registration, rules High Court – UK Human Rights Blog

Posted December 20th, 2012 in marriage, news, registrars by tracey

“R on the application of Louisa Hodkin v Registrar General of Births, Deaths and Marriages [2012] EWHC 3635 (Admin). Ouseley J has dismissed a challenge by the applicant against the Registrar General’s decision not to register a chapel of the Church of Scientology as ‘a place of meeting for religious worship’ which in turn means it is not a registered building for the solemnisation of marriages.”

Full story

UK Human Rights Blog, 20th December 2012

Source: www.ukhumanrightsblog.com

Paying to be discriminated against – The Guardian

Posted July 11th, 2008 in civil partnerships, homosexuality, news, registrars by sally

“The decision in favour of a registrar who refused to deal with gay couples sets a hugely dangerous precedent.”

Full story

The Guardian, 11th July 2008

Source: www.guardian.co.uk