The Supreme Court has announced that it has declined to hear a case in which a transgender man who had given birth to a child sought judicial review of the decision that had was registered as the “mother” on the birth certificate.
Mr McConnell argued for a declaration that, by virtue of his gender recognition certificate, under domestic law he was to be regarded and entitled to be registered as the child’s “father”. Alternatively, if domestic law required his registration as “mother”, he sought a declaration of incompatibility per s.4 of the Human Rights Act on the ground that the domestic law was incompatible with his or the child’s article 8 and 14 European Convention rights.
In the view of the Supreme Court the aforementioned assertions did not raise arguable points of law which should be currently considered given that the cases were the subject of judicial decision and reviewed on appeal.
To access the Court of Appeal judgment, click here.