Mum will fight for daughter’s wishes
Clinic wants to destroy sperm
The mum of a transgender teen who tragically died has launched a legal bid to prevent her frozen sperm being destroyed.
Louise Anderson, 45, from Stirling, plans to go to the highest court in Scotland after learning that samples saved by her daughter Ellie, 16, who died suddenly, could be thrown out in days.
Ellie Anderson died on July 23 after falling ill at an address in Lower Bridge Street, Stirling.
Playing an emotional tribute to her daughter in the Observer, Louise described Ellie as “the bravest person I have ever known”.
Ellie was born a boy but identified as a girl from the age of three and planned to have gender reassignment surgery once she turned 18.
The St Modan’s pupil, who identified as a straight female, delayed taking hormone blockers to allow her sperm to be collected and retained and had always planned to eventually have a baby.
Now Louise wants to honour Ellie’s wishes, using an egg donor and a surrogate to produce a grandchild using Ellie’s sperm.
Solicitors acting on Louise’s behalf applied for advice and assistance under the legal aid scheme to get QC’S advice on how to proceed.
The planned action would be in the Court of Session, Edinburgh, where judges would initially be asked for an interim interdict to prevent the Glasgow Royal Infirmary Fertility Clinic from destroying Ellie’s sample.
Then they would be asked to use a special power called the nobile officium.
Under UK human fertilisation rules if Ellie had been in a relationship and had a partner at the time of her death that partner would have had the right to ask for her sperm to be retained.
But that right cannot be transferred to her mum.
Louise said: “Ellie had her future completely planned out.
“She had made me promise that if anything were to happen to her her children would be brought into the world.
“She wanted two and she even had names picked out for them.
“Now I’ve been told that can’t happen because Ellie’s dead and under UK Human Fertilisation and Embyology Authority rules her frozen sperm has to be destroyed.”
Louise added: “I am going to do everything I can to honour her wishes, not just for her but for anyone else who is caught in this position.”
Solicitor Virgil Crawford, who is acting for Louise, said on Monday: “Miss Anderson has sought my advice on this unusual, interesting, important and complex legal issue.
“It is regrettable that it arises against a tragic background of family grief following the unexpected death of a young adult.
“Ellie began her gender reassignment journey in her early teens. She always intended having a child and, to that end, took steps to have her sperm preserved for use in the future.
“Now that she has passed away, it is understandable that Miss Anderson would wish to honour her daughter’s wishes and is extremely concerned at the suggestion that the clinic will destroy the sperm.
“I am seeking an assurance that the sample will not be destroyed until this issue is resolved. If that assurance is not forthcoming it is likely that an interim interdict will be sought to prevent it. I intend to do all I can to assist Miss Anderson.”
Ellie was described by her family as “an amazing, vibrant young girl who had her whole life ahead of her”. She proudly wore a skirt as her St Modan’s uniform and she was the first transgender child to do so.
Louise said: “Her happiest times were going on several holidays with myself, my partner and her brothers, where she wore dresses and was accepted without question for being herself.
“Back home she was so brave, wearing her girls’ outfits around town, and her philosophy was ‘if you don’t accept me as Ellie that’s your problem, not mine’.”
She had recently secured a place at City of Glasgow College to study hairdressing.
A spokeswoman for NHS Greater Glasgow and Clyde, which runs the clinic, said: “We are sorry to hear about this young woman’s death and our sympathies are with her family.
“Glasgow Royal Infirmary Assisted Conception Services is licensed and regulated by the Human Fertilisation and Embryology Authority.
“The storage of gametes (sperm) is managed in line with the Human Fertilisation and Embryology Act (1990) and complies with the consents provided by the donors.”
I am going to do everything I can to honour her wishes