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The complex case of Ellie Anderson
Joona Räsänen1,2, Anna Smajdor3
1Department of Philosophy, Classics, History of Art and Ideas, University of Oslo, Oslo, Norway joona.rasanen@ifikk.uio.no.
Journal of Medical Ethics
|March 16, 2021
Summary
This case explores the posthumous parental rights of a deceased transgender minor. It questions whether her mother can ethically and legally use her frozen sperm to fulfill her dying wish of having children.
Area of Science:
- Bioethics
- Reproductive Law
- Transgender Studies
Background:
- A transgender minor, Ellie Anderson, froze sperm before hormone treatment with the wish to have children.
- Ellie died at 16, leaving her mother, Louise, with frozen sperm and a legal/ethical dilemma.
- UK law currently prevents Louise from using Ellie's sperm to fulfill her wishes.
Purpose of the Study:
- To examine the ethical and legal complexities surrounding posthumous parental rights.
- To explore the moral entitlement of a parent to use a deceased child's gametes.
- To consider the impact of the deceased's age and transgender status on posthumous reproductive wishes.
Main Methods:
- Ethical case study analysis.
- Legal framework review concerning posthumous reproduction and parental rights.
- Philosophical inquiry into posthumous personhood and reproductive autonomy.
Main Results:
- UK law presents significant barriers to posthumously fulfilling Ellie's reproductive wishes.
- The case highlights a conflict between a deceased individual's autonomy and existing legal statutes.
- The minor status and transgender identity of Ellie raise unique ethical considerations.
Conclusions:
- The refusal to honor Ellie's wish may constitute posthumous harm.
- There is a moral imperative for Louise to attempt to fulfill Ellie's wishes.
- Legal and ethical frameworks require re-evaluation to accommodate posthumous reproductive rights, particularly for transgender individuals.
Keywords:
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