A transgender man who attempted to create legal history by having his baby become the first to legally not have a mother has lost his High Court fight, with the presiding judge citing the "basic facts of life".

Freddy McConnell, who was born a woman but later transitioned to become a man, took the Government to court earlier this year for refusing to let him register as the “father” on his child’s birth certificate.

The Government argued that he must be the “mother” because he gave birth to the child, who has a “right to know the identity of the person who carried him or her”.

Handing down his decision in the High Court today, the President of the Family Division, Sir Andrew McFarlane, sided with the Government, telling Mr McConnell that he must appear as “mother” on the birth certificate.

In his written judgment, Sir Andrew “looked back on earlier times” to draw upon the common law definition of a mother “prior to the mid-20th century, when conception and pregnancy other than through sexual intercourse was unknown.”