The parties had lived together as a married couple. They had had a child together by artificial insemination. It was then revealed that Mr J was a woman. The parties split up, and Mr J applied for an order for contact with the child.
Held: The appeal was dismissed. The HFEA Act required that to acquire parenthood of a child conceived by IVF treatment the party claiming should be married to the mother. That required a valid marriage which was not present in this case, and the applicant was not the father.
Section 9 of the 2004 Act ‘does not rewrite history’, the issue of a full GRC in the male gender to a person who was previously female did not retrospectively validate his prior marriage to another female (at a time when the law did not provide for same sex marriages), with the result that he did not become the father of a child born to the other female as a result of artificial insemination by donor (as would otherwise have been the case under section 27 of the Family Law Reform Act 1987, which provided that the husband of a woman who gives birth as a result of AID was to be treated for all purposes as the father of the child).
Judges:
Thorpe LJ, Wall LJ, Richards LJ
Citations:
Times 01-Jun-2006, [2006] EWCA Civ 551, [2007] Fam 1, [2006] 3 WLR 876
Links:
Statutes:
Family Law Reform Act 1987, Gender Recognition Act 2004, Children Act 1989 8, Human Fertilisation and Embryology Act 1990, Matrimonial Causes Act 1973 11( c)
Jurisdiction:
England and Wales
Citing:
See Also – S v S-T (Formerly J) CA 25-Nov-1996
The parties had gone through a form of marriage, but the purported husband was many years later revealed to be a female to male transsexual. The marriage had been annulled. There was now an application for ancillary relief.
Held: Ancillary . .
Cited – Corbett v Corbett (otherwise Ashley) FD 1-Feb-1970
There had been a purported marriage in 1963 between a man and a male to female trans-sexual.
Held: Because marriage is essentially a union between a man and a woman, the relationship depended on sex, and not on gender. The law should adopt the . .
Cited by:
Cited – C, Regina (on The Application of) v Secretary of State for Work and Pensions SC 1-Nov-2017
This case is about how the Department for Work and Pensions (the DWP), in administering our complex welfare benefits system, treats people with a reassigned gender, and specifically whether certain policies conflict (1) with the Gender Recognition . .
Lists of cited by and citing cases may be incomplete.
Children
Updated: 29 September 2022; Ref: scu.241681