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Pregnant Trans Man As Mother, Not Father

thomas_nancy.jpg
Pregnant trans man Thomas Beatie’s within weeks of birthing his first child.

As he and wife Nancy get their nursery together, stock up on diapers and other baby-related goods, big questions remain for the happily queer couple, like how to make sure he – the “gestational carrier” – is not listed as the baby’s mother.

According to Oregonian law, the birthing party must be cited as the “mother.” That means that Beatie, who obviously identifies as male, will be listed as the mother. But not necessarily forever, because Beatie and his wife have two options to change the certificate, as Nathan Heller explains:

As soon as the initial paperwork is squared away at the hospital, Beatie and his wife are free to petition for a court order to have a new birth certificate issued, this time listing Beatie as the father and his wife as the mother.

This switcheroo is a well-established legal procedure, even though Beatie’s circumstances have no clear precedent in Oregon law. It’s commonly used in cases of surrogacy, when a “gestational carrier” is pregnant with the embryo of people who will claim parentage at birth. A preliminary birth certificate names the childbearer as mother; another follows with the destined parents replacing her. Beatie would approach this process as if he were his own surrogate.

Should Beatie choose to make a stink – and grab some extra headlines – he could also use Oregon’s trans-inclusive non-discrimination law against the hospital. Since he identifies as a man, a maternal title, lawyers could argue that medical officials are discriminating against Beatie’s gender identity.

That, however, would be far too complicated, so we suggest they simply get a court order. No need for extra drama while clearing up who’s the baby’s mama.

By:           Andrew Belonksy
On:           Jun 15, 2008
Tagged: , , , , ,
  • 7 Comments
    • fredo777
      fredo777

      Baby mama drama.

      Jun 15, 2008 at 2:13 pm · @ReplyReply to this comment ·
    • Super Cat
      Super Cat

      Shouldn’t there be a record of our origins. If it is his egg then technically he is the biological mother. That’s not discrimination that is just biological fact.

      Shouldn’t there be like a record of biological mother, biological father (if known), and possibly who carried the child as that is not always the biological mother, just for record purposes, so we know exactly where we come from.

      Then there could be a separate “parental certificate” to show who officially is raising the child, whether it is adoptive parents, two mothers, two fathers, single parent, whatever.

      Jun 15, 2008 at 3:52 pm · @ReplyReply to this comment ·
    • Amber LeMay
      Amber LeMay

      “like how to make sure – the “gestational carrier” – is not listed as the baby’s mother.”…
      But ya are Blanche, ya are the baby mama…

      Jun 15, 2008 at 10:27 pm · @ReplyReply to this comment ·
    • Tom
      Tom

      Beatie? Chase headlines? Surely you jest!

      Jun 16, 2008 at 1:33 am · @ReplyReply to this comment ·
    • CitizenGeek
      CitizenGeek

      “That’s not discrimination that is just biological fact.”

      I totally agree with this statement.

      Jun 16, 2008 at 8:56 am · @ReplyReply to this comment ·
    • lyssa
      lyssa

      Finally! The FtM crowd has reached the Jerry Springer stage of social recognition.

      Look for an FtM media whore, coming to a TV set near you…

      Jun 16, 2008 at 11:47 pm · @ReplyReply to this comment ·
    • Mistress_Night
      Mistress_Night

      Hello

      First I would like to congradulate the happy couple on the up coming birth of their baby.

      Secondly I agree it is a fact of discrimination by the hospital. Mr. Beatie is the father and he has a wife for some reason that can not carry a baby so what is wrong with him doing so but wanting to be listed as the father. Nothing at all in my eyes. It is the bigetry and ignorance of people that just do not want to understand or learn of FtM or MtF.

      Thirdly there are places that you can go and find out who your parents are. If you have been adopted or not. Have any of you tried to find out about your heritage. Maybe you will find you have a transman for a mother or transsexual for a father. Open your eyes and listen you might learn something.

      Fourth why is it such big news if transgender has reached the jerry springer social recognition. The red necks, the blue collars and who ever else have been on that show and I have not seen such a stink made of them being on jerry springer.

      Fifth what is the difference between a FtM or MtF coming to a TV show. I would be watching it for sure. Calling an FtM a whore just because they may show on television is just plain ignorance. Does that make all women that go on television a whore.

      Sixth if a “straight” man was to be pregnant, no matter how he got that way or not. He would be worshipped and given everything he would need for his baby. Possible even be the richest person in the world for being first man to have a baby. So why can it not be the same for FtM. Simply he is a male and should have the same rights as any “straight” male that gets pregnant. I will bet though that you will not see his family getting things from the goverment or agencies like diapers, crib, clothing, etc. And that is only because he is a transman.

      So get off your high horses and listen, learn, hear, see you may find out things you do not know and it is pure ignorance if you do not.

      Everyone is human, have feelings, blood flow in vains, white, black, chineese, german etc. Have families and friends. It is not a disease they have but are being who they should have been at birth and for whatever reason they could not. Like parents that treat them as female when should have been male. Denial of oneself.

      I’ll bet that know one is calling Ellen Degeneres a WHORE because she has her own show but she also has a female for a partner so that makes her a lesbian, rosy o’donnel also is another that has a female for a partner. Because a transman does not want his name to be listed as the mother you call him all kinds of names and say watch for FtM whore coming to TV near you.

      Did you also know that transgenderism has been going on since the early 70’s or even earlier. I would also bet that you could sit beside a trans person and not even know unless told that they where trans.

      Jun 17, 2008 at 12:02 pm · @ReplyReply to this comment ·

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