The Federal Court of Justice in Berlin, Germany has rejected an appeal by a transgender woman looking to change her parental status from ‘father’ to ‘mother’. Reuters reports:
The court said in its ruling on Thursday that although the rights and duties of a transsexual person depended on their new gender, the legal relationship with his or her children remained unchanged.
The constitutional court’s ruling means that, at least for now, biology still has some connection to legal parentage. This is the second such ruling the court has made. Last year, the court confirmed that it works for transgender men who give birth as well:
In September, the court made a similar ruling in a case concerning a transsexual man who gave birth to a baby and wanted to be registered as the legal father.
What was once just simple biological truth: that the person whose sperm is used to conceive a child is the child’s father, and the person who gives birth to the child is the child’s mother, is now becoming the subject of complex, and costly, litigation.
There are many stories of donor-conceived children who talk about the trauma of not knowing their true biological roots. The lack of this fundamental information has led to identity conflict and other issues early and later in life. Ironically, proponents of identity politics appear to care little about the identity of children.
In ensuring that there is still some biological basis to a birth certificate, the German court has ensured that it is prioritising the child’s right to have the birth certificate reflect their identity, rather than have it reflect the wishes of the parent. This is different to what happens in Ontario, Canada, where a birth certificate is now able to list as many as four parents, none of which need to be biologically related to the child:
Although the issue has subsided for now in Germany, we can expect it to be raised again in other countries, including Australia, where there is an increasing push for further forms of “rights” for adults, even if they come at the expense of the rights of children.