An unprecedented decision for a transgender parent in France

The Montpellier Court of Appeal, in the south of France, for the first time granted the status of "biological relatives" to a transgender parent. 

Sara Saidi
Sara Saidi NewsMavens, France
An unprecedented decision for a transgender parent in France - NewsMavens
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Why this story matters:

The story started in 1999, when Bernard and Marie were married. They had two little boys in 2000 and 2004. Then, Bernard started his change and became, little by little a woman.

Indeed, the civil registrar denied Claire’s request for motherhood status. Similarly, on July 22, 2016, the Montpellier Regional Court refused to any dual biological maternity. 

Finally, on November 14, Montpellier Court of Appeal took a new decision. They refused to grant a second maternal filiation but gave her the status of "biological relative". 

The decision is unprecedented. With that status, the dual filiation is recognized even if the Court denies a dual biological maternity. 

Details from the story:

  • In 2011, Tribunal allowed Bernard to change his civil status. At that time Bernard had not changed his sex yet. 
  • But since April 2017, the law in France has allowed individuals to change their sex without having to perform any surgical operation. Thus, Bernard officially became Claire. 
  • The couple had their last child before Claire had her surgeries done. At this point, according to the law, the child only had one mother.
  • The status of "biological relatives" exists in law but was never used in a child civil registry up to this point, according to Benjamin Moron-Puech, a teacher-researcher at Pantheon-Assas university. 

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