X, Y and Z v. The United Kingdom
(75/1995/581/667) 22 April 1997: refusal to register post-operative transsexual as father of child born to partner by artificial insemination by donorUnited Kingdom - refusal to register post-operative transsexual as father of child born to partner by artificial insemination by donor (Human Fertility and Embryology Act 1990, Children Act 1989)
I. Article 8 of the Convention
A. Existence of "family life"
Notion of "family life" not confined solely to families based on marriage - factors such as co-habitation and length of relationship of relevance.X lived with Y, to all appearance as her male partner, since 1979 and was associated in treatment leading to artificial insemination by donor ("AIDS").
Conclusion: Article 8 applicable (unanimous).
B. Compliance with Article 8
Wide margin of appreciation since no common European standard with regard to granting of parental rights to transsexuals or manner in which social relationship between child conceived by AIDS and person performing social role of father should be reflected in law.Community has interest in maintaining coherent system of family law prioritizing best interests of child - unclear whether amendment sought would benefit children conceived by AIDS or have implications in other areas of family law - in these circumstances State may justifiably be cautious in changing law.
Disadvantages suffered by applicants do not outweigh general interest given facts of case, in particular that X not prevented from acting as Z's father in social sense and could, with Y, apply for joint residence order in respect of her.
Conclusion: no violation (fourteen votes to six).