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November 19, The European Court of Human Rights the Court is becoming increasingly familiar with some of the struggles faced by trans parents. Over the last four years alone, it has ruled on at least three relevant cases: two concerning the termination of parental rights and one tackling the especially sensitive matter of parental status.
The most recent case, Savinovskikh and Others v Russia , involved the termination of a foster care arrangement with a trans parent who had been raising two children for three and one and a half years, respectively, due to his gender identity. Following its approach in A. The applicants are a trans man β assigned female at birth, who has three biological children β and two children born in DD and KK who were placed in his care after living in a public care facility for several years.
DD has been diagnosed as HIV-positive and experienced development delays, while KK, born prematurely, was diagnosed with cerebral palsy, delayed speech development and intellectual disabilities. This raised concerns among the local social services, prompting a visit to the applicant and his children.
Shortly afterwards, social services ordered the termination of his custody for both DD and KK, citing a conflict between the interests of the children and those of Mr Savinovskikh.
When he declined to sign a friendly agreement to end foster care, the children were removed from his home and placed in a rehabilitation centre for children.