BERLIN: A transsexual woman who used sperm she had banked prior to her sex change to have a baby with her female partner cannot be legally registered as the child’s mother, Germany’s highest civil and criminal court ruled.
The Federal Court of Justice rejected an appeal filed to a lower court by the transsexual woman who wanted to be registered as a second mother of the child, born in 2015. It said only the woman who gives birth can be considered the child’s legal mother.
In September, the court made a similar ruling in a case concerning a transsexual man who gave birth to a baby and wanted to be registered as the legal father.
The court said in its ruling on Thursday that although the rights and duties of a transsexual person depended on their new gender, the legal relationship with his or her children remained unchanged.
In November, Germany’s constitutional court ruled in favour of the introduction of a third gender category for people who do not identify as either male or female or are born with an ambiguous sexual anatomy.