# FTM husband's legal status as father after home insemination



## raggedyann (Jul 7, 2007)

Hi 

We just need some clarification as to our legal situation.  I am 8 months pregnant having conceived by artifical insemination at home.  My husband is Female to Male transgendered and has full legal male status through his gender recognition certificate.  Our donor happily signed a contract before insemination relenquishing any parental rights and confirming that the sperm was donated through AI - although I'm aware such contracts may have little legal bearing, however, we felt it was appropriate to have some sort of signed document in place clarifying the situation.  

Does my husband have full legal staus as the child's father? and can we put my husband's name on the birth certificate?

Would be grateful for some clarification in what seems to be a confusing area!

thank you!


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## raggedyann (Jul 7, 2007)

Oh! i forgot to add we're based in Scotland - if that makes a difference!


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## NatGamble (Mar 1, 2007)

A very interesting question.

The law says that if you conceive by artificial insemination and are married at the time of conception, then your husband (and no one else) is treated as the legal father of your child.  My reading of the law is that, assuming your husband's gender had been legally changed and you were legally married when you conceived, he will be treated as your child's father and can be named on the birth certificate.

However, I have to say that, to my knowledge, this is untested.  There is an old case where a FTM transsexual was held not to be the father of a donor conceived child, but it preceded the Gender Recognition Act and the basis of the decision was that the couple's marriage was void.  If you were legally married when you conceived, I would take the view that the situation is entirely different.

Interestingly, the Gender Recognition Act does not specifically provide for these kinds of situations.  It says that a change of gender does not affect someone's status as a parent, but that is clearly intended to cover situations where someone is already a parent when they change gender, rather than to provide for post-gender change conceptions.

I would go for it and ask to name your husband on your child's birth certificate.  If you have any problems, and need some legal back-up, let me know.

Incidentally, assuming that your husband is your child's legal father, your donor will not have any status as a parent.

Best of luck

Natalie


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## raggedyann (Jul 7, 2007)

Hi Natalie

Thank you so much for replying, this is what we were hoping to hear.  Yes, my husband and I got married after he received his gender recognition certificate and before we conceived, therefore, we're hoping not to encounter any problems. 

We will let you know what the outcome is.  

Thank you!


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## NatGamble (Mar 1, 2007)

No problem, and best of luck with the rest of your pregnancy.

Do post and let me know how you get on - would be useful to know for the benefit of anyone else following in your footsteps.

Best wishes

Natalie


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