Claire has been hanging on to successive court decisions for more than six years, called to determine the exact terms of her filiation with her daughter. This transgender 50- year-old claims the right to be officially considered her mother, arguing that when the child was born in 2014 (naturally, because Claire had retained the functionality of her male sexual organs), it had already been three years that she was recognized as a woman by civil status.

The Court of Cassation did not end, as Claire hoped, her legal marathon: this Wednesday, the court rejected her appeal and refused that she could be recognized as one of the girl's two mothers. A cold shower for this inhabitant of the South of France, while in June, the general counsel of the Court of Cassation spoke in favor of this recognition, adding however the possibility that the change of sex be specified.

A legal vacuum

In its judgment, the Court of Cassation finally argued that several provisions of the Civil Code “prevent two maternal filiations from being established with regard to the same child, apart from adoption. She also considers that Claire "is not deprived of the right to have a biological filiation link recognized with the child, but can only do so by having recourse to the methods of establishing filiation reserved for the father.

The court, which referred the case to the Toulouse Court of Appeal, however recognizes a legal void, indicating that "no text regulates the mode of establishing the filiation of the children generated" after a change of sex in civil status.

So far, only two solutions were available to parents in a similar situation: keep the status of father, or adopt her own child as a second mother, which Claire has always refused to do. Read more via Le Parisien