Judge calls for review of fertility law after transgender man used sperm donor to give birth

Izzy Lyons,The Telegraph•13 February 2019

Transgender men’s ability to access fertility treatment to have children should be reviewed by the Government, Britain’s most senior family court judge has said.

Sir Andrew McFarlane, the president of the Family Division of the High Court, invited Matt Hancock, the Health Secretary, to review fertility laws after hearing the case of a transgender man who was able to access a sperm donor 10 days after legally changing gender.

Sir Andrew was told that civil servants had drawn up a plan to allow the parent to be classed as "male mother". But the judge was told the plan was unworkable.

The judge said that the Government should review the laws that allowed the man to receive fertility treatment, which the law currently states is available only to women.

The High Court is currently hearing the case of TT, an anonymous transgender man who became pregnant and now wants to be registered as the “father” on his child’s birth certificate.

The Government and the Registrar General - who are responsible for recording births, deaths and marriages - are opposing his claim which, if successful, would see his child be the first in the UK not to legally have a mother.

Sir Andrew, said it was “a matter of concern” that TT was able to access fertility treatment legally reserved for women and suggested the Government should review the 2008 Human Fertilisation and Embryo Authority (HFEA) Act.

Speaking to lawyers representing the Department of Health, Sir Andrew said: “It is a matter of concern that, as you are submitting in what seems to be outside the scheme of the Act, the clinic treated TT whilst openly regarding him as a man.

“The documents from the clinic say 'man'.

“I am inviting the Government to consider whether the operation of the HFEA Act needs to be looked at.

“It is impossible to sit here and observe the factual evidence of this case and not invite the Secretary of State for Health and Social Care to consider the consequences of the Act on individuals like this.

“I am simply putting a marker down to invite the Government to look into this.”

The hearing included submissions on behalf of the AIRE Centre, a human rights charity who independently intervened on the case after it was concerned the rights of the child - known only as YY - could be in breach.