Trans Men Giving Birth and Reflections on Fatherhood: What to Expect?

Abstract

What was long feared by legislators and courts has now become reality: Trans men give birth to their own children and request to be designated as their 'fathers' for the purpose of birth registration. This article sheds light on the transformative potential of such procreative scenarios and the following legal claims for fatherhood. An argument is made that they invite essential reflections on what it means to be a father today and, in so doing, they prompt a (re)construction of legal fatherhood which includes care as a relevant, paternal parameter. By focusing on ongoing cases decided by English and German courts, however, this article shows that domestic courts' understanding of fatherhood has essentially preserved its conventionally heteronormative, biological, and mediated nature. Yet, the game is still open and an application pending before the European Court of Human Rights may breathe fresh air into the debate.