The most senior Family Court judge in England and Wales is set to rule on a case involving a transgender ‘man’ who conceived and gave birth to a baby but is suing to not be designated as the child’s mother.

If granted, lawyers say the child would become the first person born in England or Wales to not legally have a mother.

The baby is the child of a single parent who was born a woman but now lives as a man after undergoing surgery.

Judges have heard that the man had been biologically able to get pregnant and give birth but had legally become male when the child was born.

He wants to be identified as the child’s “father” or “parent” on a birth certificate but a registrar has told him that the law requires people who give birth to be registered as mothers.

Sir Andrew McFarlane, President of the Family Division of the High Court, is due to decide whether only either “father” or “parent” can be listed on the child’s birth certificate following a trial scheduled to take place at the High Court in London in February.

The man has taken legal action after complaining of discrimination.