A transgender man will hear today whether he will be the first in the UK to give birth but be registered as the child’s father rather than its mother.

Freddy McConnell, 32, was legally recognised as a man and had been living as a male for years when he gave birth in 2018.

Currently, the person to carry and deliver a child is always registered as the child's mother, even in cases of surrogacy.

Mr McConnell's legal team argue that the UK's system of birth registration does not treat families equally.

If he wins the case, it could pave the way for gender neutral birth certificates and his child could be the first in the UK to have no "mother" on official registration documents.


His case is being reviewed in the family division of the high court.

Freddy McConnell realised he was transgender in 2010 when he was 23 years old.

He started taking testosterone, living as a man and later had 'top surgery' to remove breast tissue.

Speaking to Sky News earlier this month, he described his decision to carry his own biological child.

"It felt like one option amongst several that I should consider," he says. "Because it might be pragmatic and it might be easiest in a funny way.

"As a trans person, if you have to start accessing services - whether its adoption or surrogacy - that's almost scarier for me because you don't know who's going to judge you, who's going to gate keep, who's going to exclude you."

So in 2016 he paused taking testosterone and waited for his monthly cycle to return before undergoing IVF treatment using a sperm donor.

Image: Freddy McConnell, pictured at a screening of documentary Seahorse

He fell pregnant on the second attempt.

When he went to register his child's birth he was told by the registry office that his only option was to register as the child's mother.

His primary claim is that the law is being misinterpreted and he does have the right to be registered as the child's father or in gender neutral terms as the parent.

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His alternative case, if he is not successful on the first count, is that the law as it stands is a breach of both his and his child's human rights.

Gender neutral birth certificates are already a reality in parts of America, Canada and Sweden.

But those arguing against change say it will make for confusing and inaccurate historical records.

The man who gave birth to his own baby

"We have to define it as the law stands now," explains Olive Gathoni, a family lawyer at Slater and Gordon.

"And that is defined quite strictly in terms of a mother, a father or a parent. So from the registry perspective, they have to apply the law as it is currently."

The judicial review was heard in February but the court was reconvened in May when a number of media organisations applied to have an anonymity order lifted.

It came to light that Mr McConnell was taking part in a 90-minute documentary film about the experience of giving birth, which they claim represented double standards.

They argued McConnell had "put himself at the forefront of the debate on transgender rights" by appearing in the documentary.

The judge agreed and in June ruled that Mr McConnell could be named.

But lawyers for the father said it could allow his child to "be the target of playground bullies".

Image: Freddy McConnell does not want to be recorded as mother on the birth certificate

He has subsequently said he wants to support other parents in his position.

He said: "I think having gone through the experience of pregnancy and birth, I want to honour that difference, and don't want to erase that, and now that I have a community of other trans men that have given birth, that feels like an important part of my identity definitely.

"I guess as a new parent I am learning what a lot of new parents learn, which is that your kid doesn't care who you are, they just need to be looked after.

"I think as a single dad I can be just as nurturing, I can give my child everything that they need."

If he is successful it is likely the judge will issue guidance but the final decision on the wording of birth certificates in such cases may have to be decided by parliament.