Rights of Transgender Parents in the Family Court
Awareness on transgender issues in the Family Court is gradually increasing to promote equality and diversity. Unfortunately, the law of England and Wales is evolving slowly. Family Courts can be a stressful arena for transgender parents and their children as they often encounter obstacles to accessing justice.
UK Family Law has not fully adapted to changing social attitudes. However, the government is recognizing this and is closing gaps to allow trans parents to enjoy equal rights.
In some cases, the issue of gender identity is not highlighted when negotiating child arrangements after separation. This can then become a big issue and used as a reason by another parent to stop contact and win custody disputes.
Most trans parents want to know their legal rights and whether or not a change in gender has any impact on their status as the child’s parents.
Parental Rights and Responsibilities of Transgenders
The parental rights and responsibilities do not change even after the change in gender. If the parent has transitioned or has begun to identify as non-binary, it will not affect the individual’s status as a father or mother of the child under the Gender Recognition Act.
Simply put, their parental responsibilities remain unaffected after they have acquired a different gender. However, it is worth noting that the person cannot change their name or gender on the child’s birth certificate.
The UK law records parental status based on the person’s biological role in giving birth, either as a mother or father.
Contact Arrangements
The trans parent’s personal circumstances, their transitioning journey, and any discrimination against the transgender community is not relevant to the child contact and custody disputes. In reality, cases related to trans parents are quite complex in nature and transgender issues are often shown as relevant to the welfare of the child.
In fairly decided cases, judges do not consider these issues relevant and decide contact arrangements based on the child’s best interests. On the bright side, the law continues to evolve and recognizes the legal rights of trans parents.
Disclaimer:
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss that may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.
About the Author
