Asked about the possibility that a transgender woman could be recognized as the mother of her 6-year-old daughter without going through adoption, even though she is her biological father, the Court of Cassation replied in the negative, Wednesday 16 September. In its judgment, the highest French court gives Claire two options (all first names are changed) to have her parentage recognized: adopt her child or have her paternity established. Two solutions that she categorically refuses.
“This judgment is a scandal, a real missed opportunity”, commented at a press conference Claire’s lawyer, Clélia Richard, who has been accompanying her for years. However, she had the hope that the long legal journey of her client would finally come to an end, after the Advocate General had declared, during the hearing held in June before the Court of Cassation, that “Yes, Claire is a woman and Claire is a mother”.
“This is the first time that things have been said simply”, then commented Claire, come to attend the hearing with her parents, his wife and their daughter. Three months later, on the announcement of the decision, she reacted through the voice of her lawyer by deploring that “Justice is shown motionless and frozen as often”. “This means that today a 6-year-old girl will keep on her birth certificate only one mother, the one who gave birth. The other does not appear. It’s abject “, we lovee Richard.
“A return to a biologist conception”
« This judgment marks a return to a biologist conception, it is a real step back “, added, at his side, the lawyer near the Court of Cassation Bertrand Périer, who represented in this case the Association of Parents and Future Parents Gays and Lesbians (APGL) and the Common Trans and Homo Association for the equality (Acthe). “It is very serious for trans people, we bring them back to their original identity even though they have obtained the recognition of their new gender”, he lamented.
By this judgment, the Court of Cassation overturns and annuls the decision rendered on November 14, 2018 by the Montpellier Court of Appeal, which had imagined that the concept of the child appears on the birth certificate. “Biological parent”. A legal invention qualified in June by Me Périer in his plea of“Unidentified legal object”, and whose very creation said something about this extraordinary family history.
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