X, Y, and Z v. United Kingdom
European Court of Human Rights
Case No. 75/1995/581/667 (1997)

- Written by Miller Jozwiak, JD
Facts
X (plaintiff) was a person who had been assigned the gender of woman at birth but who had transitioned to a man. For more than 20 years, X was in a permanent relationship with Y, who was a woman. The two applied to a medical institution to impregnate Y via artificial insemination. Although initially denied, X and Y appealed and were eventually successful. The two had a child, Z, and eventually had another child via the same process. X then sought to be registered as Z’s father. The minister of health of the United Kingdom (defendant) denied the registration of X as the father. The minister argued that only a biological man could be registered as a father. The minister also noted that notwithstanding this fact, Z could have X’s surname, and X could receive a tax allowance if X provided financial support to the child. X later passed on a job opportunity in another country because, given that he was not the registered father of Z, his family would not be eligible for certain benefits. X sued the United Kingdom, claiming that the denial of his registration to be the father violated Article 8 of the European Convention on Human Rights. Under Article 8, individuals generally had a right to respect for their family life unless governmental action was in accordance with law and necessary in a democratic society. The government responded with two arguments. First, the government argued that Article 8 was inapplicable because there was no family life at issue. Second, the government argued that the law on which the denial was based was justified.
Rule of Law
Issue
Holding and Reasoning ()
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