Appeal Judges Uphold Child’s Right to Non-Binary Name

Appeal court judges determined that a child’s right to privacy was violated when a lower court judge denied their request to legally change their name to a non-binary name of their choice. At the age of 12, the child informed their parents of their non-binary identity and expressed a desire to adopt a new, gender-neutral name. Now 15, the child has been using this chosen name, but a formal application to legally alter it was rejected by Reading’s Family Court in June. The Court of Appeal judges concluded that the initial decision was erroneous and that the name change ought to have been approved, citing the child’s “full capacity and strongly expressed wishes.” Testimony presented in court indicated that a significant disagreement arose between the child and their father in 2021 concerning the child’s gender identity. During that period, the child had “expressed an interest in puberty blockers” and surgery. The father’s view was that his child lacked the maturity required to make these types of decisions and he did not endorse their use of gender-neutral pronouns. The court was informed that while the child no longer expresses a desire for medical intervention, they maintain their non-binary identity. They have used their new name for “a few years and don’t feel comfortable with their given name.” Lady Justice King, delivering the judgment for the three appeal judges, stated that this demonstrated the child’s wish to change their name was not “fixed on gender issues.” However, she clarified that it represented a “wish to have [their] choice recognised and respected in a formal way.” She further stated that Judge Robin Tolson’s rationale for rejecting the application in Reading, which was that “to endorse [the child’s] name change by way of a legal order was in some way endorsing their non-binary status,” was incorrect. You can follow BBC Berkshire on Facebook, X (Twitter), or Instagram. Copyright 2024 BBC. All rights reserved. The BBC is not responsible for the content of external sites. Read about our approach to external linking.