Everyone has seen or heard about this story. Just Oh God is all I can say.
Here is the link and the story.
Will the Transgender Dad Be a Father?What goes on the birth certificate.
Posted Friday, June 13, 2008, at 5:32 PM ET
As people across the country fête their fathers this weekend, a transgender man in Oregon will enter the final weeks of his first successful pregnancy. Thomas Beatie, who's male according to state law but who retains his female reproductive organs, underwent artificial insemination because his wife was unable to bear children. Will the baby's birth certificate register Beatie as the father or the mother?
The mother, but it can subsequently be changed. Oregon statutes define live birth to include "expulsion or extraction [of the living child] from its mother," and the state's Department of Human Services interprets this clause and others to mean that a birth certificate must declare the childbearer (in this case, Beatie) to be the mother. It doesn't need to be his permanent status, though. As soon as the initial paperwork is squared away at the hospital, Beatie and his wife are free to petition for a court order to have a new birth certificate issued, this time listing Beatie as the father and his wife as the mother.
This switcheroo is a well-established legal procedure, even though Beatie's circumstances have no clear precedent in Oregon law. It's commonly used in cases of surrogacy, when a "gestational carrier" is pregnant with the embryo of people who will claim parentage at birth. A preliminary birth certificate names the childbearer as mother; another follows with the destined parents replacing her. Beatie would approach this process as if he were his own surrogate. He'd effectively change his status from birth mother to destined father and allow his wife to claim motherhood. Lesbian couples in Oregon sometimes use a similar formality: A biological mother can adopt her own child with her lesbian partner, making the two women equal parents (though one may end up in the "father" slot of the birth certificate).