Transgender woman declared mother by court

A married heterosexual couple has 2 children, born in 2000 and 2004 respectively. In 2009, the husband obtained through the judicial process the change of his marital status to female while retaining his male sexual organs.

She's got a three^e child with his wife in 2014. Shortly before birth, she gives prenatal recognition of this future child before a notary.

After birth, she asks to have this recognition transcribed on the birth certificate. The registrar refuses. It declares the child to be born only to the mother who gave birth.

In 2015, the Tribunal de grande instance de Montpellier (Regional Court, Montpellier) received an application for the transcription of the act of recognition. The application is rejected on the grounds that the only mother is the woman giving birth. The Montpellier Court of Appeal upheld the refusal to transcribe the recognition on the child's birth certificate. It nevertheless considers that it is in the child's best interests to have his filiation established with regard to both biological parents. The woman who has not given birth is indicated as the biological parent on the birth certificate.

The Court of Cassation is seised of an appeal by the Attorney General of the Court of Appeal of Montpellier and the woman who has not given birth. The Court of Cassation states that the concept of biological parent is unknown in French law. She says that two maternal relationships cannot be established for the same child without an adoption. Only paternal filiation can be considered.

The Court of Cassation quashes, quashes and refers the case back to the Court of Appeal of Toulouse.

The judges of this court consider that the maternity link between the transgender woman and the child should be established by judicial procedure. They decide to bring the child's filiation into line with the biological and sociological reality of the transgender parent. That person has had the status of a mother since the birth of the child. In its decision, that court orders that filiation be entered on the birth certificate under the mention of mother.