The The Federal Court of Justice (BGH) in Germany recently ruled that Oscar Müller, a woman who identifies as a transgender man, and is legally recognized as a transgender man, is not eligible to be recognized as the biological father of the child she gave birth to.
Müller, who “legally transitioned” in 2011, became pregnant via artificial insemination in 2012 and gave birth in 2013. She filed a lawsuit when “the birth registry refused to list Müller as the child’s father,” instead entering “mother” (and Müller’s “female name”) on the birth certificate.
The court held that “according to Transsexuals Act of 1980, a person’s gender assigned at birth is relevant in regards to any children they have—whether conceived before or after transition.” German civil code defines mother as “the woman who gives birth” to a child.
This ruling comes as a surprise only to those who remain willfully ignorant of the role of biology in reproduction.