France’s highest court has ruled that a man who lives as if he is a woman cannot be listed as the mother of his child.
The Cour de Cassation overturned a 2018 ruling which gave the 51-year-old man the new status of ‘biological parent’ for his now six-year-old child.
He had asked to be classed as ‘mother’, as he is now known as Claire. He had fathered two children with his wife before changing legal sex in 2011.
But when his wife gave birth to their third child in 2014, he mounted a legal challenge to be registered as the child’s mother.
The Cour de Cassation rejected his attempt to be classed as a ‘mother’, stating that ‘two maternal filiations cannot be established with regard to the same child, outside of adoption’. The case will now return to a lower court for a new hearing.