Following a sex change operation, can a mother, according to the civil registry, become the father of her children?
The love of a father or mother and the relationships they have with a child are fundamentally different yet similar.
Following a gender reassignment surgery, Madame, now known as Monsieur, appeals to the Court* to have the birth certificates of their two children modified. Monsieur wants to replace the mention of "undeclared father" on the certificate with their new name as the father and have their name as the mother crossed out. According to Monsieur, this request is made in the best interest of their children due to their discomfort with the new circumstances.
After considering whether, legally speaking, a mother can become, based on the civil registry, the father of her children, the judge concludes that the mention on the birth certificate of the gender reassignment of the children cannot undermine the biological aspect of maternity. This change, rightly so, is only made on the birth certificate of the concerned person, in this case, Monsieur, in order to avoid having a child with two fathers or two mothers. Although the mother has undergone a gender change, it cannot be concluded that, biologically speaking, she has become the father of her children.
If during the holiday season, you come across Santa Claus or Mrs. Claus, rest assured that they are two distinct individuals, though they may appear similar, except for the beard?
* CS 405-04-002669-45, 2004-06-16
