Verdict
Transsexuals cannot change motherhood and fatherhood
A young father with a stroller (icon image). photo
© Inga Kjer/dpa
Changing the official entry “father” to “mother” after a gender reassignment is not possible in Germany. And according to the European Court of Human Rights, that’s legal.
Transgender people cannot change motherhood and paternity after gender reassignment, according to a ruling by the European Court of Human Rights (ECtHR). In a birth certificate, the person who gave birth to the child is registered as the mother and the person with whose sperm it was conceived is registered as the father, the court ruled on Tuesday after complaints by two trans parent couples from Berlin.
The corresponding action by the German authorities did not violate the personal rights of transsexuals. The Strasbourg judges also ruled that the entry of the mother with the original female name and that of the father with the original male name was also right. It is irrelevant whether the gender reassignment takes place before or after the birth of the child.
German practice strikes a fair balance between the interests of the parents, the well-being of the child and public concerns. If the trans parents had had their way, in one case two mothers would have been recorded on the birth certificate.
The European Court of Human Rights, based in Strasbourg, France, is part of the Council of Europe and is independent of the EU. The Council of Europe and the Court of Justice work to protect human rights in the 46 member states.