Gender and Parenthood: The Case for Realignment

For those not intimately involved, one of the delights of the burgeoning reproductive business is the glittering constellation of ethical and legal questions that reproductive medicine poses for us. Some of those questions, endlessly debated, are deeply philosophical (and for some of us theological). What is the nature of human life itself? Does possessing human DNA have any moral significance? Others require us to reflect on just what intrinsic rights are involved in procreation. Few might dissent from a rhetorical assertion that men and women have a right to found a family. Begin to debate what that right entails and who enjoys it and dispute resurfaces. Yet, other questions are, for lawyers, delightfully technical as well as morally significant. Before 1979, paternity might on occasion be dubious, but even a rather dim child generally knew his mother.1

In discussions of procreative autonomy and reproductive liberty, the rights of many have been examined. Whether infertile couples2, single and lesbian women3, prisoners4 and even HIV discordant individuals5 should be assisted in their desires to procreate has all attracted attention and academic debate. One group that continues to be neglected in such discussions is individuals who have undergone sex reassignment surgery. The government's decision to overhaul the legal framework regulating assisted reproduction reignited much debate on issues surrounding assisted conception and the rules relating to parenthood.6 In these discussions, we see a chance being missed to consider the needs of transsexuals. In our paper we address this lacuna and highlight the needs of this group in the context of assisted reproduction and parenthood. We consider whether there is any reason to refuse transsexuals the same options as other individuals in the context of assisted reproductive technologies. We examine whether such individuals who may wish to found a family are being hindered rather than helped by the current legal framework.