Germany’s highest court was forced to reiterate the laws of nature and state that only a person who gives birth to a baby can be a mother after a transgender woman whose frozen sperm was used to father a child tried to argue that she is the child’s mom.
The Federal Court of Justice confirmed on Thursday that a mother is designated only to the person who gives birth to a child, according to Deutsche Welle.
The transgender parent was fighting for the right to be listed as the mother of the child born to her female partner, according to a report in The Blaze.
“The transsexual person’s fundamental rights aren’t breached by the fact that existing ancestry law assigns her the legal status of parent according to her former sex and the specific contribution to procreation that resulted from this,” Federal Court judges decided.
The plaintiff was listed as a woman in a 2012 same-sex marriage but “she” had stored “her” own sperm before undergoing a male-to-female sex change. That sperm was used to fertilize the partner’s egg.
Under German law, the relationship between a mother and child is determined by who gives birth to the child. Legally changing gender does not affect the legal relationship.
Last year, the German court found that a mother who gave birth before transitioning to a man could not retroactively become the child’s father, DW reported. Gay and lesbian groups were outraged by the court’s decision.
“Legal recognition of the broad constellation of [the] diversity of rainbow families must be guaranteed,” the Lesbians and Gay Federation group in Germany told DW.
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