Friday , February 26 2021

Trans woman becomes "biological parent"

At the beginning of the story there is a man and a woman who are muttering each other. Bernards and Mary (1). They were married twenty years ago. There are two boys. However, in subsequent episodes, Bernard is gradually changing Claire. The course is classic: psy assessment, hormonal intake, mammoplasty. The operation is scheduled later. And so Claire and Mary are gathered together, the carnal as they say, the third child: the little girl. It was four years ago. Question: Who is Claire in relation to the community regarding her child? His biological parent is definitely. But with what kind of "etiquette" she should appear in her daughter's family record book? "I want to be recognized as a mother, someone else is my solution. I'm a woman, what do you want me to be my daughter?" Claire, 50 years old, beautiful size, big hair. "Yes, we are two mothers" Mary's rates, with little air, "why?" Her voice

Coconut shy

Following the refusal of the Montpellier Tribunal de grande instance in 2016 (because it was "Men's Birth Process") The Montpellier Court of Appeal, in a "compounded" room, with so much number of magistrates, has so much to do with side disorders – everything in our world of a woman or man, mother or father, was announced on Wednesday after exploring three possibilities. Say "yes" and then do Claire trans "mother" "The first serial event to follow" because if the law comes into force in early 2018, it now allows a change in sex in civilian condition, without leaving the operation, she left exceptional questions. Second option: follow the recommendations of the Department of Family Associations (which in this case are authorized to represent the child's interests) and support Claire … father. There was one last chance: to refuse to write Claire as a mother in the family record book, to make him a legitimate parent and to leave the child only with Mary's mother, registered on her maiden name, which she never used …

Today the court has surprised its world: Claire is still not recognized as her mother's mother. But she legally becomes her "biological parent". Unpublished Unless in the cassation appeal for the first time in France, the child will not have birth certificates, maternal, marijuana and … biological parents. Why not? Law advance? Simple compromise? Exception to the only Claire case? It's a bit about what his lawyer, Clay Richard is afraid of. Even if the worst of them avoids … Claire: "It is not shown in the birth certificate that was an obstacle to the abuse of my child. For four years, if I die, my daughter is not my heir, if there is something marrying about, I have nothing wrong with her. It's as if our child was born in an unknown age. outside marriage. "

"No choice"

The court's decision must be corrected. And those who advised Claire to accept their child are abusive, referring to the law of divorce and adoption in 2013 for couples of a similar sex. Another danger posed by a couple: Claire becomes "father," but for years she feels a woman and has thrown herself into a transition for eight years. According to his friend's face: "I leave her free to choose what would be the norm. The more we force another, the more we will avoid it." "Of course, we talked to our two boys, explains Claire. One was 3 years old, the other one 6 when I started. Parents needed two or three years instead of saying "daddy" but "mom". But that was done. And these days he will be 18 years old. " Better still, in 2011, when Claire had not yet received her transfer surgery (which she is currently recovering), the Montpellier tribunal de grande instance was recognized "She inevitably belongs to the female sex."

If the worst is avoided, the party is not perfect. Prior to the birth of a child, following the advice of Clelia Richard, Claire signed the prenatal recognition of a pregnant mother's condition before a notary. His real status. Which justice did not want? It might have inspired future bioethics laws that will have to deal with parenting issues when the PMA will have a carpet for everyone. Yes yes "Five years after marriage to everyone, the problem of stagnation remains. Do we go to childbirth recognition because there is a presumption of paternity that does not belong to the child? Do we have to reject the methods of filing to get out of the concept of father and mother? It would be revolutionary explains Philippe Reigné, professor at the National Arts and Crafts Conservatory, a gender specialist and adviser in this school case. Beyond Claire, Marie and their three children.

(1) The first names have been changed at the request of the interested parties.

Catherine Mallaw

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