A transgender man should not be denied a gender recognition certificate (GRC) because he is trying to conceive a child, a High Court judge has ruled.
The gender recognition panel had declined to issue the man – known as W – with a certificate, stating he had not explained why “it was not incompatible to live as a man when trying to conceive and carry a pregnancy”.
The man challenged the decision at the High Court in London and on Friday, Mr Justice Hayden ruled in his favour and granted the GRC.
In his written judgment, he said: “It is clear that there are two main currents coursing through the applicant’s life: his clear and settled identification as male, in which sex I find there is abundant evidence that he continues to live, and his desire to have a family.
“In my judgment, there is nothing further he could do to reconcile these two powerful instincts.
“To require him to abandon either one for the other would be to dismantle and fracture the person he is.”
He added: “I am satisfied that the applicant continues to live in his acquired gender and intends to do so for the rest of his life.”
The court also found the panel had been “plainly wrong” to suggest the man had not taken up its offer to share an input on whether his wish to conceive a child was incompatible with his “declared intention” to live as a male for the rest of his life.
Mr Justice Hayden said: “The fact that the newly constituted panel were apparently unaware of the applicant’s contribution is fatal to the integrity of their decision. It cannot stand.
“This is not a minor procedural error.”
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W has had several miscarriages and stopped taking testosterone so he could undergo IVF.
He had said: “I expect that being pregnant will cause me some dysphoria, but I believe experiencing a level of dysphoria for nine months will be worth it for a lifetime of love having a family.”
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W, who was supported by the Good Law Project, has said he is “absolutely ecstatic” at the judgment.
He thanked the project for its “unwavering support” and continued: “I’m also proud of myself for not giving up and continuing to fight for what I felt was right, and I hope that this judgment can go towards helping other trans people in my position.
“I now finally feel safe and protected in my conviction to have a child as a trans person.”
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