Child can use non-binary name, appeal judges rule

The judgement was made at the Court of Appeal

A child's right to a private life was intruded upon when a judge refused them permission to change their name to a non-binary one they wished to use, appeal judges found.

The child told their parents aged 12 that they thought themselves to be non-binary and wanted to use a new, gender neutral name.

Now 15, they have lived with their chosen name since then but a proposal to officially change it was refused at Reading's Family Court in June.

Court of Appeal judges found that decision was incorrect and that the change should have been granted because the child has "full capacity and strongly expressed wishes".

The court heard a serious rift erupted between the child and their father over their gender identity in 2021.

Around that time, the child had "expressed an interest in puberty blockers" and surgery.

The father did not think their child was mature enough to make such decisions and did not support them using gender neutral pronouns.

The court heard the child is no longer expressing a wish for medical treatment but continues to identify as non-binary.

They have lived with their new name for "a few years and don't feel comfortable with their given name".

Lady Justice King, speaking on behalf of the three appeal judges, said that showed that the child's desire to change their name was not "fixed on gender issues".

But she said it reflected a "wish to have [their] choice recognised and respected in a formal way".

Judge Robin Tolson's view to reject the request on the grounds in Reading that "to endorse [the child's] name change by way of a legal order was in some way endorsing their non-binary status" was wrong, she added.