Laytons LLP represented the First Appellant, Mr Alfred McConnell, in this groundbreaking Court of Appeal case. The decision of the Court of Appeal not to recognise Mr McConnell’s legal gender and, importantly, the role he takes in his son’s life as his father illustrates how the law has not kept pace.
Such a narrow interpretation of the Gender Recognition Act 2004 will force all transgender people to choose between being a parent and having full recognition of their gender. The judgment asserts the term ‘mother’ and ‘father’ are not gender bound while simultaneously forcing registration according the transgender individual’s birth gender. This is not only an unjustifiable interference in his rights to a family and private life, but even domestic legislation in the UK birth allows other individuals on birth certificates to be identified simply as ‘parents’.
Recognition of such an important facet of a person’s identity is a fight that started long ago, but today’s judgement demonstrates how that fight must continue if equality in law is to be achieved. Our client is therefore seeking permission to appeal against this decision and intends to take the matter to the Supreme Court.
The case has been widely reported in the media with the Guardian quoting Andrew Spearman:
“Andrew Spearman, McConnell’s solicitor at the law firm Laytons, said: “Such a narrow interpretation of the Gender Recognition Act 2004 will force all transgender people to choose between being a parent and having full recognition of their gender. The judgment asserts the term ‘mother’ and ‘father’ are not gender-bound while simultaneously forcing registration according to the transgender individual’s birth gender. This is not only an unjustifiable interference in his rights to a family and private life, but even domestic legislation in the UK birth allows other individuals on birth certificates to be identified simply as ‘parents’.””