Legal parenthood for transgender parents under scrutiny in new article by Dr Bianca Jackson
Coram Chambers barrister Dr Bianca Jackson has published an article in Family Law Journal. The piece, titled ‘Who is My Parent? Is this my Child?’: the recognition (or lack thereof) of legal parenthood for transgender parents, addresses the legal hurdles faced by transgender parents in England.
Legal background
The Gender Recognition Act 2004 lets transgender people change their gender for most purposes. However, it does not change their legal status as a child’s mother or father. This exception creates complex challenges for families.
Case examples
Bianca examines three recent court cases. Each shows how a parent’s legal status depends on their gender recognition, their relationship status, and the use of assisted reproduction. Bianca explains the impact of each factor on legal parenthood.
Barriers to recognition
Some transgender parents are not recognised as their child’s legal parent. The article highlights these situations and discusses why they arise. Bianca argues that the current laws are outdated.
Call for reform
The article concludes that current parenthood laws do not serve transgender parents well. Bianca calls for legislative reform to address these gaps.
Read the full article in Family Law Journal (subscription required).
