A biological man who identifies as a woman has been granted leave by the High Court to challenge the State’s refusal to recognise him as the ‘mother’ of his child.

The British-born, Irish citizen, who is legally a woman under UK law, used his frozen sperm to have a baby with his British wife after his transition.

He is seeking Irish citizenship for the child with the claim that he is the child’s biological ‘mother’.

The State refused allegedly on the basis that the woman who gave birth to the child is its mother.

He said if he has to claim to be the “father” of the child as part of the application, it would be an “offensive, discriminatory and unjust attack” on his person, gender identity and legal status.

He added it would also be an unjust attack “on the State’s obligation to protect the family as the natural and fundamental unit group of society”.

Ms Justice Sara Phelan granted the petitioner leave for judicial review of the matter and adjourned the case to January.