by
Les May
IN
recent days the ‘Twitterati’
have been busy tearing into each other about this question after an
author of books for children ‘tweated’
a comment on the
subject.
As
anyone who reads NV will know I am a critic of the ‘Cocks
in Frocks’
brigade who expect to declare they are ‘trans-gender’
and insist that everyone else accept it without question. But, as I
have made clear previously, I
am happy to treat any ‘trans-sexual’
person who has had gender reassignment surgery and the hormone
treatment entailed, as a woman. For me the bottom line is whether
they have shown the level
of commitment to being a woman which is needed
if they are required
to lose their wedding tackle.
Is
a trans-sexual woman a ‘real’
woman? Take a blood sample, send it to a cytologist, and he or she
will tell you it came from someone with a Y chromosome, indicating
the person was born a male. So as a biologist I must answer ‘No’
to this question. But
that does not mean I cannot choose to treat the person as a woman
both
legally and socially,
‘real’
or not. I
choose to do so because such a person would pass the ‘duck
test’. (If it walks like a duck and quacks like a duck, it’s a
duck.) In
this I differ from people like the author Germaine
Greer and some of my friends.
This
is a situation for which there is already at least one precedent.
Between
1965 and 1967 someone I have known all my life adopted three small
children, all under 4 months of age. Three times he stood in court
whilst the judge made it very clear that from the moment the Adoption
Order
was made he was responsible for every aspect of that child’s
welfare and well being.
Is
he the ‘real’
father?
A
DNA test would show that he is not related to any of the children,
nor they to each other. So as a biologist I must
answer ‘No’ to this question. (He
simply says he’s their Dad.)
From
the
moment
the
adoption order was made he
was
treated by the state, and the organs of the state, as that child’s
father. Legally
that is what he now was and
still is.
The
child acquired a new identity, its birth certificate was changed and
it took his surname.
Not
only is he
considered
for all legal purposes as the children’s father, socially he passes
the ‘duck
test’.
For
50+ years his family and his friends have accepted that he is the
children’s ‘father’, not withstanding the DNA evidence to the
contrary. His
children and grandchildren accept it too.
So
what has this got to do with trans-sexual people? A Gender
Recognition Certificate
(GRC)
is
the legal equivalent of an ‘Adoption Order’. Discriminate
against people
with a GRC
and, to be consistent, you should declare your willingness to
discriminate against people who adopt children and the children
themselves.
But
there is a wider lesson to be learned here. Some children are
‘difficult’
to place for adoption, wrong age, wrong abilities, wrong colour,
spring to mind. Demands for amendment of the 2004 Gender
Recognition Act
(GRA)
to allow ‘self
certification’
centre around the stringency of the procedure and the time it takes.
To the best of my knowledge no one has ever suggested that adoption
law be changed to allow the procedure to be made less stringent and
permit potential parents to ‘self
certify’.
This would no doubt make placing ‘difficult’
children much easier. It won’t happen because we recognise the
potential for abuse of the system. The
fear is that changes to the GRA would lead to similar abuses of the
system.
If
you are an adoptive parent and anything I have written above about
‘real’
parents has made
you a
little uncomfortable,
that was not my intention. There’s more to being a mum or dad than
sharing a few thousand base pairs of DNA. Families are made not
born.
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