Melody

I would expect under the relevant acts that a person undergoing supervised transition, having medical back up etc. perhaps even to the stage of having their recognition certificate, it is mainly about how people present themselves and conduct their lives to bear some impact on any awards/ judgements. freedom and expression are all very well, but one does not take a 6 year kid out to McDonalds if they are going to be subject to ridicule or abuse for having a trans parent.. also the courts would take into account any new relationships the trans parent has entered into A parade of uncles in and out of the trans parents home while the child was staying over would not be for instance conjusive to the childs morals or welfare. The same should apply to the natal mother, if she conducted her life as a sole parent in that way. Unfortunately social workers would probably be involved, I know to my own cost how blinkered and biggoted they can be, OK if your a gay or lesbian, but god forbid you should be an unstable tranny.

Court information for transsexual parents.
Prepared by Terry Reed
JP, BA (Hons), MCSP, SRP, GradDipPhys

This document provides information that is mainly designed to help trans parents who are experiencing difficulties in maintaining contact with their children and who are, therefore, seeking a Contact Order through the family court.

The first principle of the Children Act 1989 is that the child's welfare is paramount. It is usually regarded as in the child's best interests to have a relationship with both parents.

Divorce proceedings to end a marriage, or proceedings to end a Civil Partnership, are heard by a Judge in the County Court. Orders relating to the children of the marriage or Civil Partnership are usually dealt with at the same time. The County Court will usually keep jurisdiction in any case involving children, in respect of whom it has already made an Order. However, if no such Orders are made at that time, and disputes arise at a later date in relation to the children, these matters, as well as matters relating to the children of parents who are not in a legally recognised relationship, may be dealt with in either the County Court or the Magistrates' Court (Family Proceedings). The relevant legislation is contained in The Children Act 1989 (CA 1989).

The principle that the child's welfare is paramount has to be balanced against Article 8 of the Human Rights Act (HRA) which gives greater rights to parents. This was enacted on October 2nd 2000 and reflects European Human Rights legislation. Basically, UK law has to be interpreted, if at all possible, in such a way that it is compliant with European Law. If such an interpretation proves impossible, the government is under an obligation to change our law so that it is compliant. Article 8 of the Act states:

Everyone has the right to respect for his private and family life, his home and his correspondence. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others

Although this enhances the rights of trans parents, Article 8 is a ”Qualified Right“, not an ”Absolute Right“, therefore, it would be possible, for instance, for the legal representative of a hostile and uncomprehending mother, to use the argument that it was necessary ”for the protection of health or morals“ (of the child) to refuse contact with the natural father (trans woman). This would not be right or just, but you need aware that such arguments might be made, and be ready to counter them when they arise, possibly by bringing expert opinion to bear. This might be in order to outline the innate biological nature of the condition, which could be supported with a helpful NHS leaflet “Transgender Experiences“, and also to reassure the court regarding the effect, on a child, of having a trans parent.

http://www.gires.org.uk/a[...]nfo.pdf for the full details

Parenthood

In the interests of preserving continuity and stability for children, and with a view to preserving each parent’s legal obligations towards their children, it is submitted that gender reassignment should not have the effect of altering the legal status of parents.  Section 12 of the Gender Recognition Act 2004 (UK) states – quite simply - that “[t]he fact that a person’s gender has become the acquired gender under this Act does not affect the status of the person as the father or mother of a child.”  In other words, the recognition of the acquired gender of a parent does not in UK law alter that person’s status as a parent, or as a father or mother respectively of the child.  Admittedly, this may create the somewhat anomalous situation where a person’s father may in law be female (and a person’s mother legally male).  Nonetheless, the reality remains, notwithstanding gender reassignment, that the person remains biologically the parent of the child.  Thus, it is submitted that neither the parent nor the child should suffer any change of status, disability or penalty as a result of gender reassignment.

 

So the details on a childs birth certificate, regarding details of parents will never be changed