With diverse formally formations increasing, it is arguable that the birth registration system is not fit for purpose because it is tethered to ‘traditional’ understandings of family life and cannot adequately account for ‘modern’ families. This post considers mismatches between law and identity within birth registration for trans parents.
You would be forgiven for thinking that the term “male mother” is an oxymoron, but this is the conclusion the Court of Appeal reached in R (McConnell) v The Registrar General for England and Wales  EWCA Civ 559 regarding a trans man, Freddy McConnell, who gave birth and wanted to be registered as his child’s father (or parent) on the birth certificate. (more…)
By Prof Judith Masson, Professor of Socio-Legal Studies (University of Bristol Law School).
In all the commentary on the tragic death of Ellie Butler, there has been very little discussion of the decision made to return Ellie to her parents. This was a truly exceptional decision. Ellie had been living with her grand-parents, her special guardians, for 5 years. She had not lived with her mother since she was admitted to hospital at the age of 6 weeks and never lived with her parents together. Indeed her parents only started living together shortly before she was returned to them. Ellie had had very little contact with her parents; contact had been limited by the court and the mother and father did not attend many of their contact sessions. The people who parented Ellie were her grand-parents; she and her parents hardly knew each other.
Special guardianshiporders (SGOs) were introduced in 2002 to provide a framework for permanent care where adoption was not appropriate where children were being cared for within their wider family, as Ellie was, also for older children who have enduring relationships with parents who cannot care for them. Approximately 7,000 SGOs are made each year, around 5,000 in child protection proceedings and 2,000 for children who are not in state care. (more…)