A transgender man is being denied child benefits because he wants to identify as the child’s father not mother.
The man, who gave birth as a single mother and cannot be named for legal reasons, has filed a lawsuit against complex rules which require people who give birth to be listed as mothers on birth certificate, The Times reported.
However, he argues that he was legally recognised as male at the time of the birth and is incorrect for him to be recognised as a mother.
No birth certificate has been issued but the child has been issued a passport and is a British citizen, but the family have been told that without paperwork they are not eligible to claim child benefits.
Ben Jaffey QC, who is representing the UK government, told the High Court that child benefits cannot be granted until there is a ruling on the issue.
If the father’s legal challenge is successful, the baby would become the first ever child in England and Wales not to legally have a mother.