European Court of Human Rights Transgender Parents before the European Court of Human Rights O.H. & G.H. v. Germany – A.H. and others v. Germany

Abstract

In the case of O.H. and G.H. v. Germany1, the ECtHR foundthat there had
been no violation of article 8 of the Convention in respect of a transgender parent
who gave birth to a child and alleged that the refusal of national tribunals
to allow him to be recorded as the child’s father violated this provision. In
the case of A.H. and others v. Germany2, the European Courtequally concludedthat
there had been no violation of article 8 in respect of another transgender
parent, who felt that her rights had been breached, because of the refusal
of German authorities to record her as mother on the birth certificate of a
child to whom she had not given birth; the child had been conceived using the
transgender parent’s sperm. Additionally, in both judgments, which were issued
on the same date, the Court declared the applicants’claims under articles
8 and 14 ECHR (alleged discrimination against the applicants) inadmissible, as
they have beenmanifestly ill-founded (article 35 §§ 3 a) and 4 ECHR).