Decision by the President on TT
The decision by the President in TT, on his application to be declared as a father post acquisition of a Gender recognition certificate, is now available: Click Here.
The team at 36 Family (Hannah Markham QC & Miriam Carrion Benitez who acted for TT and Marisa Allman who acted for his child YY) are disappointed with the decision and believe that the judgment has significant and far reaching implications for a wider group of people than simply the transgender community.
Notwithstanding the decision it is of note that the President has held that:
"The issue at the centre of these proceedings is ultimately a matter of public policy. At paragraph 125 of his judgment, Sir Andrew McFarlane invites the Government and Parliament to address this matter square-on:
“The issue which has most properly and bravely been raised by the Claimant in this Claim is, at its core, a matter of public policy rather than law. It is an important matter of public interest and a proper cause for public debate. Whilst this judgment will seek to determine the issue by reference to the existing legislation and the extant domestic and ECHR caselaw, as these sources do not themselves directly engage with the central question there would seem to be a pressing need for Government and Parliament to address square-on the question of the status of a trans-male who has become pregnant and given birth to a child.”
We can confirm that TT will be seeking permission to appeal this decision.