FZ v MZ

FZ v MZ

Section 12 Gender Recognition Act 2004 prevents a transgender man from being registered as the father of a child under Section 35 Human Fertilisation and Embryology Act 2008, regardless of marriage or GRC status. Step-parent adoption is the only route for legal parenthood in DZ's case. Judicial review is appropriate to quash erroneous birth registration. There is no breach of Article 8 ECHR as Parliament's scheme is legitimate and proportionate.

Parties
Applicant/claimant: FZ; Respondent: MZ; Defendant: Y Council; Interested Party: Registrar General; Known Donor: XX
Jurisdiction
England and Wales
Judgment Date
18 December 2025
Procedural Posture
Family and Administrative / Final Judgment
Outcome
Applications granted in part; step-parent adoption and judicial review allowed for DZ; declaration of parentage for AZ refused; child arrangements orders granted.
Legal Topics
Parentage, Birth Registration, Gender Recognition, Adoption, Judicial Review, Child Arrangements, Human Rights Act, European Convention on Human Rights
Family Law Administrative Law Human Rights Parentage Birth Registration Gender Recognition Adoption Judicial Review +3 more

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Parties

FZ

Applicant/claimant

MZ

Respondent

Y Council

Defendant

Registrar General

Interested Party

XX

Known Donor

Procedural Posture

Family and Administrative / Final Judgment

Legal Issues

  1. 1 Whether a transgender man with a Gender Recognition Certificate can be registered as the father of a child conceived via assisted reproduction
  2. 2 Whether the applicant is the legal parent of DZ and AZ
  3. 3 Whether the erroneous birth registration of DZ should be quashed and a new registration allowed

Ratio Decidendi

Section 12 Gender Recognition Act 2004 prevents a transgender man from being registered as the father of a child under Section 35 Human Fertilisation and Embryology Act 2008, regardless of marriage or GRC status. Step-parent adoption is the only route for legal parenthood in DZ's case. Judicial review is appropriate to quash erroneous birth registration. There is no breach of Article 8 ECHR as Parliament's scheme is legitimate and proportionate.

Court Disposition

Applications granted in part; step-parent adoption and judicial review allowed for DZ; declaration of parentage for AZ refused; child arrangements orders granted.

Orders

  • Declaration of non-parentage for DZ
  • Step-parent adoption order for DZ