A man-to-woman transsexual can only become a father

A man-to-woman transsexual can only become a father

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BGH: Birth register is based on biological reproduction
Even after the gender change of a parent, children should only ever have one legal father and one mother. If a child was conceived with the semen of a man-to-woman transsexual, she cannot therefore request entry as a second mother in the birth register, as the Federal Court of Justice (BGH) in Karlsruhe decided in a decision published on Thursday, January 4, 2018 (Az .: XII ZB 459/16). Legally, she could only become a father.

The BGH thus rejected a couple of a biological woman and a man-to-woman transsexual who lives in a registered civil partnership in Berlin. The affiliation of the transsexuals to the female gender has been legally recognized since 2012. His partner had a child with her semen in 2015.

The registry office entered the biological mother as a mother in the birth register. The couple declined to register the transsexual as a mother.

Rightly so, as the BGH decided. The "reproductive contribution" of the transsexuals lies in his sperm donation. "It is therefore only possible to justify paternity," says the decision of November 29, 2017, which has now been published in writing.

According to the Transsexuals Act, the legal relationship with one's own biological children remains unaffected by a gender change, the BGH explains. The Federal Constitutional Court had already considered this to be justified in the interest of the child in 2011.

The decision of the Federal Constitutional Court of January 11, 2011 (file number: 1 BvR 3295/07) states: "It is a legitimate concern to legally assign children to their biological parents in such a way that their lineage does not conflict with their biological generation two legal mothers or fathers is brought back. ”The Transsexuals Act also provides for such a“ clear legal assignment that corresponds to the biological circumstances ”.

Accordingly, the BGH had already decided that a woman-to-man transsexual who had given birth to a child cannot legally be his father (decision of September 6, 2017, file number: XII ZB 660/14; JurAgentur report from September 25, 2017). mwo

Author and source information

Video: Transgender Parents Who Conceived Two Sons Naturally. 2020. ABC News (August 2022).