Sir Andrew McFarlane has called for a review of the UK fertility laws after a transgender man (known only as TT) fell pregnant 10 days after completing his legal transition from being a woman following fertility treatment. A civil claim was brought against the NHS for their involvement in the treatment.
TT has taken the case to the high court, seeking to be registered on the child's birth certificate as the Father, with no Mother being named.
Currently under UK law, fertility treatment is only available to women and Sir Andrew McFarlane has suggested the legislation governing this, the Human Fertilisation and Embryo Authority Act 2008 needs to be reviewed and updated, raising concerns that TT was treated and given fertility treatment despite the clinic 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.”