The Court of Appeal has ruled that a child's right to privacy was violated when a judge denied them permission to adopt a non-binary name they had chosen.
The child, now 15, informed their parents at the age of 12 that they identified as non-binary and wished to use a gender-neutral name. Since then, they have consistently used their chosen name. However, their request for an official name change was denied by Reading's Family Court in June.
The appeal judges deemed this initial decision incorrect, emphasizing that the child has the "full capacity" to make such a choice and has expressed their wishes clearly and consistently.
The court also reviewed the family dynamic, noting that a significant rift developed in 2021 between the child and their father over the child’s gender identity. At that time, the child expressed interest in medical interventions such as puberty blockers and surgery. The father opposed these steps, arguing that the child was not mature enough for such decisions and refused to support the use of gender-neutral pronouns.
The court was informed that the child no longer seeks medical treatment but continues to identify as non-binary and has consistently used their new name for several years. They have expressed discomfort with their birth name and view the name change as a way to have their identity formally recognized.
Lady Justice King, delivering the judgment on behalf of the three appeal judges, stated that the child's desire to change their name was not solely about gender identity but reflected a deeper wish for recognition and respect.
The appeal judges found that the initial ruling by Judge Robin Tolson, which rejected the name change request on the grounds that it would implicitly endorse the child’s non-binary identity, was misguided. Lady Justice King clarified that the decision should have been based on the child’s capacity and consistent preference, not on perceived implications about their gender identity.
The ruling underscores the importance of respecting a child’s autonomy and right to privacy when they demonstrate the maturity to make personal decisions. Photo by KenWalker, Wikimedia commons.
