A transgender woman in France cannot be legally recognized as her child’s mother despite being a biological parent, the nation’s highest court ruled.
In order to be considered her legal mother, the 51-year-old woman, who was born male, would have to adopt the daughter she conceived with her wife in 2014 before she underwent gender reassignment surgery, France24 reported.
The ruling from the highest court Wednesday was the latest setback in her bid to be recognized as the child’s second mother, not father.
In 2018, an appeals court in Montpellier ruled she could be considered a “biological parent,” which was a new category.
But the highest court tossed out most of that ruling, and sent the case back down a lower court, the outlet reported.
The woman’s lawyer, Clelia Richard, slammed the ruling as “scandalous” and said they would take the case to the European Court of Human Rights
“The fight is unfortunately not over,” Richard said, according to the report.