A transgender man who became the first in Europe to give birth to a baby, has been forced to petition for the right to be called the baby's father, court documents indicate.

The unidentified Berlin man, who was born a woman, gave birth at his home with the help of a midwife and waited several weeks to inform authorities.

The case in Germany follows that of American Thomas Beatie – the first man to ever give birth.

thomas beatie

The European case follows Thomas Beatie in the US having given birth to three children

He insisted on a home birth because he refused to be listed as the mother on any hospital documents - a legal requirement of in Germany.

The transgender man registered the birth, Spiegel Online reports, filing for a birth certificate with his name as the father.

He purposefully did not include the name of the mother.

He is classified as a male by law and wants to be known as the baby's father, but, while a source at the Berlin Senate Administration for Internal Affairs told The Daily Mail that the father's request was honoured, the matter is reportedly still being addressed in court.

A spokesman for the Berlin Senate Administration for Internal Affairs told the newspaper: "The person in question did not want to appear as a mother but as a father on the birth certificate and that request has been honoured."

However, a Berlin family court will now decide whether he can be registered as the father of the baby, The Local.de reported.

The expectant father also demanded that the gender of the child was "not to be revealed under any circumstances." But authorities overruled this and announced the child was a boy.

The first European transgender birth follows a 2011 ruling that recognises the right for a biological male to live as female and vice versa, granting trans people rights β€œto gain civil legal recognition in the perceived gender.”