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R (on the application of McConnell) v Registrar General [2020] EWCA Civ 559

May 19, 2020, 13:06 PM
Private law children — Transgender father – Registration of acquired gender on child's birth certificate
The Court of Appeal dismissed the appeal, holding that that that natural interpretation of the legislative scheme had not violated the appellant's rights under the ECHR.
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(Court of Appeal, Lord Burnett CJ, King and Singh LJJ, 29 April 2020)

Private law children — Transgender father – Registration of acquired gender on child's birth certificate

The Court of Appeal dismissed the appeal, holding that that that natural interpretation of the legislative scheme had not violated the appellant's rights under the ECHR.


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Neutral Citation Number: [2020] EWCA Civ 559

Case Nos: C1/2019/2730
C1/2019/2767

IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
FAMILY DIVISION AND ADMINISTRATIVE COURT
Sir Andrew McFarlane P

[2019] EWHC 2384 (Fam)

Royal Courts of Justice
Strand, London, WC2A 2LL

Date: 29 April 2020

Before:

THE RT HON THE LORD BURNETT OF MALDON
LORD JUSTICE CHIEF JUSTICE OF ENGLAND AND WALES
THE RT HON LADY JUSTICE KING and

THE RT HON LORD JUSTICE SINGH

- - - - - - - - - - - - - - - - - - - - -

Between:

THE QUEEN (on the application of
(1) ALFRED McCONNELL
(2) YY (by his litigation friend Claire Brooks))
Appellants

- and -

THE REGISTRAR GENERAL

FOR ENGLAND AND WALES
Respondent

- and -

(1) SECRETARY OF STATE FOR
HEATH AND SOCIAL CARE
(2) MINISTER FOR WOMEN AND EQUALITIES
(3) SECRETARY OF STATE FOR

THE HOME DEPARTMENT
Interested Parties

- and -

THE AIRE CENTRE

Intervener

- - - - - - - - - - - - - - - - - - - - -

- - - - - - - - - - - - - - - - - - - - -

Ms Hannah Markham QC and Ms Miriam Carrion Benitez (instructed by Laytons LLP) for the First Appellant
Mr Michael Mylonas QC, Ms Susanna Rickard and Ms Marisa Allman (instructed by Cambridge Family Law Practice) for the Second Appellant
Mr Ben Jaffey QC and Ms Sarah Hannett (instructed by the Government Legal Department) for the Respondent and Interested Parties
Ms Samantha Broadfoot QC and Mr Andrew Powell (instructed by Pennington Manches Cooper LLP) for the Intervener

Hearing dates: 4 and 5 March 2020

- - - - - - - - - - - - - - - - - - - - -

Approved Judgment

Covid-19 Protocol: This judgment was handed down remotely by circulation to the parties’ representatives by email, release to BAILII and publication on the Courts and Tribunals Judiciary website. The date and time for hand-down is deemed to be 10:30 a.m. on Wednesday, 29 April 2020.

Judgment: R (on the application of McConnell) v Registrar General [2020] EWCA Civ 559

 

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