Transgender man ‘denied child benefit’ for baby he gave birth to

A transgender father is being denied child benefit because he refuses to be identified as his child’s mother.

The man, who gave birth as a single parent, wishes to be listed on the birth certificate as the child’s father instead, a court has heard.

The Royal Courts of Justice building, which houses the High Court of England and Wales, is pictured in London on February 3, 2017. (DANIEL LEAL-OLIVAS/AFP/Getty)

The new parent, who cannot be identified for legal reasons, has filed a legal challenge against complex rules which require people who give birth to be listed as mothers on birth certificates.

He argues that as he was legally recognised as male at the time of the birth, it is incorrect to describe him as a mother.

No birth certificate has been issued while the legal challenge is processed, but the family have been told that without the paperwork they are not eligible to claim child benefit.

The case will not be heard fully for several months, The Times reports.

File photo

The baby has been issued a passport and is a British citizen, but no birth certificate has been issued.

Ben Jaffey, QC, representing the government, told the High Court that child benefit could not be granted until there is a ruling on the issue.

According to the newspaper, judge Mr Justice Holman said he was “mounting a head-on challenge to a wall of legislation.”

If the man’s legal challenge is successful, the government may have to change the law to comply.

There have been several transgender men who have gone public over their decisions to have children, but the court heard that in other cases it was standard for the men to be listed on birth certificates as the child’s mother.