A transgender woman won her case on Wednesday before the Toulouse Court of Appeal: recognized as a woman in the civil status and having conceived her child before her operation, Claire * can now appear as a mother on the birth certificate of her girl, a first in France.
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“
It's a total victory in this battle.
It is not the only child concerned, it is a decision which opens a new horizon, which will relax many parents and future parents
, ”his lawyer Clelia Richard told AFP.
Since 2014, Claire, now 52, female on her identity card and biological parent, had run into a legal loophole: she was not listed on her daughter's birth certificate, the officer of civil status having refused to register her there as a mother.
"
The Toulouse Court of Appeal authorizes the mention on the birth certificate of the child, of the husband who has become a woman as mother
", considering "
that two maternal filiations could in this case be established
", according to a statement released Wednesday.
This decision puts an end to eight years of proceedings.
The Montpellier Court of Appeal had already innovated in 2018 and ruled in favor of the inclusion of the concept of "
biological parent
", a step however deemed insufficient by the family.
In addition, the Court of Cassation had in 2020 referred the file to the Toulouse Court of Appeal, judging that the term “biological parent” was not compatible with French law.
“
The simplicity of the situation finally finds resonance in the law.
It is the parentage that should have been there from the start (…) This is exactly what we asked the Toulouse Court of Appeal
, ”concluded Me Richard.
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