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Image: The Guardian This is the first of two posts by David Gollancz , a barrister at Keating Chambers and donor-conceived adult, about the UK system of birth registration and certification.

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This first post concerns the treatment of trans parents. The second post will deal with the position of the offspring of gamete donation. However children also have a countervailing right, to know the identity of their biological parents. Absent an ECtHR judgment directly on point or a common approach among the signatory states, the UK enjoyed a margin of appreciation. The interference was held to be justified.

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The court in TT [ — ] observed that:. It is this title, rather than the need to register his role in the birth, to which TT and others in a similar situation take extreme exception because of the gender-specific nature of the term as they see it to be. There are no other restrictions as to who can be so nominated except that s41 expressly excludes a sperm donor in a licensed facility from being treated as the father of a child conceived using his sperm, and s47 provides that being an egg donor is not in itself enough to confer parenthood on a woman.

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The scheme of the legislation may be administratively coherent in the narrow sense that the rules are clear but it is questionable whether it is coherent in its approach to the rights and interests of either trans parents or children. Why not, as these two claimants suggested, use language which is intrinsically gender-neutral, while recording their functional role in conception and birth?


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In adoption and surrogacy, gender-neutral language is used. Similarly, where a person is born by means of surrogacy, legal parenthood is transferred from the surrogate to the commissioning parent s by means of a Parental Order.

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One can question the coherence of a system which employs gendered language in one context but not in others. A better system of birth registration would respect the recognised gender of trans parents while still enabling their offspring to identify their parents. The RPO would identify, in non-gendered language, the genetic parents including any contributor of mitochondrial DNA , any surrogate, and the legal parents or, in the case of surrogacy, the intended parents.


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  8. When a parental or adoption order is made the RPO would be amended accordingly and the RG would as now maintain a traceable link between amended versions and with the short-form certificate. The RPO should be confidential to the person whose birth is recorded and their descendants. Legislation should provide that the short-form birth certificate is sufficient for all purposes except where there is a real reason for the production of the RPO — for example, an application for a first passport.

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    This system would require some amendments to existing legislation, and one new Act to govern the use of birth certificates arguably needed in any case but no more than has been required to reflect the changes which have been made to reflect the changes in adoption law, the advent of assisted reproductive techniques, the law governing gender recognition, and the changes to the law governing civil partnership and marriage.

    On Sunday, the actor posted a message to his , Instagram followers saying he was proud to have been part of a show in which "millions of people will have seen a same-sex marriage portrayed for the first time".

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    He said the drama had not sensationalised or drawn attention to the lead character's same-sex relationship and this "mainstream" approach had made it more acceptable to people. Cumming, who said he was "sanguine" about the show ending, joked: "One of the good things about the show not happening is I won't have to deal with any screaming babies.

    Cumming told The Edit he was still a "passionate supporter" of independence and said recent events showed "enough is enough".


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    4. He said he thought a no-deal Brexit would "further and quicken" the move to Scottish independence and claimed Scots were "duped" at the referendum by being told a No vote would keep them in the European Union. Brexit was another example of the Westminster government dictating a policy that Scotland did not want, he said.