A top-court in Germany ruled on Thursday that a ‘transsexual woman’ can only be registered as the child’s father, even if “her” frozen sperm was used to fertilize an ovum (egg). The German Federal Court’s ruling on Thursday rejected the ‘transsexual woman”s appeal against a lower court’s decision which prevented ‘her’ from being legally registered as the child’s mother. The ‘transsexual woman’ changed her sex back in 2012. Three years later, in 2015, ‘her’ partner gave birth to a child by using the plaintiff’s sperm.
The litigation begun after the registry office refused to list the ‘transsexual woman’ (the sperm donor) as the mother. The German Federal Court’s ruling reads:
“the transsexual person’s fundamental rights aren’t breached by the fact that existing ancestry law assigns her the legal status of parent according to her former sex and the specific contribution to procreation that resulted from this.”