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In the matter of TT and YY [2019] EWHC 2384 (Fam)

Date:30 SEP 2019

Francesca Esposito

Technical Editor

(Family Division, Sir Andrew McFarlane, 25 September 2019)

Private Law children – Transgender father – Claimant wishing to be registered as ‘father’.

The Family Division held whilst the person’s gender was ‘male’, their parental status which derived from biological role in giving birth was that of ‘mother’.

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Neutral Citation Number: [2019] EWHC 2384 (Fam)

Case No: FD18F00035

IN THE HIGH COURT OF JUSTICE

FAMILY DIVISION AND THE ADMINISTRATIVE COURT

Royal Courts of Justice
Strand, London, WC2A 2LL

Date: 25/09/2019

Before:

The Rt. Hon. Sir Andrew McFarlane

President of the Family Division

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

Between:

THE QUEEN (on the application of TT)
Claimant

- and -

THE REGISTRAR GENERAL FOR ENGLAND AND WALES
Defendant

- and –

SECRETARY OF STATE FOR HEALTH AND SOCIAL CARE [1]
MINISTER FOR WOMEN AND EQUALITIES [2]
SECRETARY OF STATE FOR THE HOME DEPARTMENT [3]
YY (A Child) (By his Litigation Friend, CLAIRE BROOKS) [4]
Interested Parties

AIRE CENTRE

Interveners

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

Hannah Markham QC and Miriam Carrion Benitez (instructed by A City Law Firm) for the Claimant
Sarah Hannett (instructed by Government Legal Service) for the Defendant
Ben Jaffey QC and Sarah Hannett (instructed by Government Legal Service) for the 1st, 2nd and 3rd Interested Parties
Michael Mylonas QC, Susanna Rickard and Marisa Allman (instructed by Cambridge Family Law Practice) for the 4th Interested Party
Samantha Broadfoot QC and Andrew Powell (instructed by Pennington Manches Cooper LLP) for the Interveners

Hearing date: 11th – 15th February 2019 and 2nd May 2019

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

Approved Judgment

I direct that pursuant to CPR PD 39A para 6.1 no official shorthand note shall be taken of this Judgment and that copies of this version as handed down may be treated as authentic.

.............................

THE RIGHT HONOURABLE SIR ANDREW MCFARLANE

This judgment was delivered in private. The judge has given leave for this version of the judgment to be published on condition that (irrespective of what is contained in the judgment) in any published version of the judgment the anonymity of the children and members of their family must be strictly preserved. All persons, including representatives of the media, must ensure that this condition is strictly complied with. Failure to do so will be a contempt of court.

Judgments: In the matter of TT and YY [2019] EWHC 2384 (Fam)