Transgender teenager's frozen sperm will not be destroyed before legal fight
- Published
The NHS has agreed not to destroy a frozen sperm sample from a transgender teenager who died suddenly earlier this year.
Ellie Anderson's mother Louise wants to win the right to use the sample to produce a grandchild.
The 16-year-old died in Stirling in July.
Ellie identified as a girl and had her sperm frozen when she was 14 in the hope that she could eventually have her own biological children.
She had started taking female hormones and was planned to undergo gender reassignment surgery after turning 18.
Her mother wants to honour her wishes posthumously, using Ellie's sperm, an egg donor and a surrogate.
Ms Anderson's solicitor Virgil Crawford said he had received confirmation that the sample would be stored until 30 November.
He said that if court proceedings were raised, a further period would be allowed until the conclusion of the court case.
"The NHS by agreement has decided not to destroy the sample and to allow Ms Anderson and her legal team to consider the best way to move forward and whether court proceedings will be necessary," he said.
If Ellie had been in a relationship when she died, her partner could have had the right to ask for the sperm to be retained. Under present UK human fertilisation rules, her mother does not have that right.
Mr Crawford hopes to win a court order entitling Ms Anderson to use the sperm to produce a child, or failing that, a ruling from the court that the law should be changed.
- Published25 August 2020