How are divorces handled when a transman gives birth to a child while married to a ciswoman? Did the transman father or mother the child?
- Andy FLv 73 weeks agoFavorite Answer
Hard to tell. Could be tricky to figure out if such a situation develops.
Why do you ask this question, by the way?
Do you spend lots of time thinking about transgender people? Maybe if you're transgender yourself, you do -- which is understandable.
But if you're not transgender yourself, why think about this issue? Why ask the question?
-- democratic socialist / Workers of ALL backgrounds -- UNITE!
- TNOLv 73 weeks ago
It really depends on the nuances of the case. There is no set rule on who gets the kid or how they share custody, even in more straightforward divorces between two cis-individuals. There also is a lack of such cases thus far, at least in the public conscious, so we can't make generalizations either.
Given that transmen cannot get pregnant with their cis-wives, it may be relevant that the kid is only biologically related to his father... who is in the rare position of being his biological mother as well. That would likely give him leverage in a lot of courts, even if the adoptive mother's role has been outlined since day 1. I'll assume that they also don't have an understanding with the biological father, since that sperm has to come from someone outside of the relationship; and, if he is also involved, that'll make this case rather hard to balance.
The reason they're divorcing also matters. Is he (the transman) abusive? Is the wife (the cis-woman)? Did one cheat on the other? Did one commit a serious crime? Without knowing that, we really can't say.
- skeptikLv 73 weeks ago
Divorces are handled the same for everyone.
Why would you think your question has any relevance to it at all?
- yogicskierLv 73 weeks ago
Doesn't matter: if you donate your DNA, you're a parent and have to support the child.