Can a mother become father of her children? | ScriptaLegal
Personal Business Packages & Subscriptions
Français About us Create a free account Log in
Interactive legal guides Legal frequently asked questions Legal blog Videos
ONLINE LEGAL DOCUMENTS
Legal blog > Marriage > Sex change, can a mother become a father to her children?

Sex change, can a mother become a father to her children?

Following a sex change operation, can a mother, according to the civil registry, become the father of her children?

«In what they have in common, both sexes are equal; in what they have different, they are not comparable»
J.J. Rousseau

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

François Forget, notary and legal advisor, along with the entire team at ScriptaLegal, are here to assist you with the preparation of your legal documents and to answer all your legal questions.
As long as they do not agree on a new commercial lease, the rental offer governs their relationship
Me François Forget - October 23, 2010
The rental offer is to the lease what foundations are to a building. Signing pre-contracts hastily without...
Common-law union is not subject to any obligations, except if..
Me François Forget - January 29, 2004
Common-law union is not subject to any obligations unless the parties formalize their obligations in a...
An entrepreneur purchases a building without guarantee, at their own risks and perils
Me François Forget - April 22, 2007
Any party to a contract can add or reduce their obligations to the legal warranty, but cannot be released from...
This browser does not support this kind of file. Please download the file to view it: Download the file
An error has occurred.