Trans Men's Pregnancy: New Philosophical and Juridical Issues

This paper deals with trans men’s pregnancy considered as a gender revolution requiring feminisms and gender studies to display new imaginative abilities. Indeed, these people’s experience challenges the assumption that only cis women can give birth. This work explores the philosophical and juridical issue of how the trans men who give birth should be registered in their children’s birth certificate. Until now, there have been three possibilities: as fathers in the name of their gender identity, as mothers given the peculiar relationship characterising pregnancy, or as parents in a gender-neutral way. After having compared various feminist positions on whether pregnancy should be associated (only) to womanhood, some lawsuits promoted by trans men in order to be legally recognised according to their felt parental status are analysed, focusing in particular on OH and McConnell’s ones. Then, some reflections on the use of the term “parent” and on caring masculinities are provided.