Journal of Medical Ethics:medethics-2020-106998 (forthcoming)

Authors
Anna Smajdor
University of Oslo
Joona Räsänen
University of Oslo
Abstract
Ellie Anderson had always known that she wanted to have children. Her mother, Louise, was aware of this wish. Ellie was designated male at birth, but according to news sources, identified as a girl from the age of three. She was hoping to undergo gender reassignment surgery at 18, but died unexpectedly at only 16, leaving Louise grappling not only with the grief of losing her daughter, but with a complex legal problem. Ellie had had her sperm frozen before starting hormone treatment, specifically so that she would retain the chance of becoming a parent after her gender reassignment. Ellie had considered what might happen to the sperm if she died and was adamant that her children should be brought into the world. She made her mother promise to ensure that this would happen. But according to UK law, Ellie’s mother has no legal right to retain her sperm, or to use it to fulfil Ellie’s wishes. In this paper we raise several key ethical questions on this case, namely: does a refusal to bring Ellie’s children into the world wrong her posthumously? Is Ellie’s mother morally entitled to use her daughter’s sperm as Ellie wished? Should the fact that Ellie was a minor at the time of her death or the fact that she was transgendered undermine her wish to have children? Can Ellie become a parent posthumously? We consider how these complex ethical questions could be approached.
Keywords bioethics  reproductive ethics  Ellie Anderson  applied ethics
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DOI 10.1136/medethics-2020-106998
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References found in this work BETA

Are women adult human females?Alex Byrne - 2020 - Philosophical Studies 177 (12):3783-3803.
Moral Case for Legal Age Change.Joona Räsänen - 2019 - Journal of Medical Ethics 45 (7):461-464.

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