A mum’s court fight to have her dead transgender daughter’s sperm used to father a child has been given a last-minute extension.
Louise Anderson hired lawyers to stop a fertility clinic from destroying a sperm sample given by her daughter Ellie – born a boy – who died suddenly in July from “unascertained” causes.
The 16-year-old, from Stirling, had delayed taking hormone blockers to allow sperm to be collected with plans to use a surrogate.
UK fertility legislation says that while Ellie would have been able to transfer the right over her sperm to a partner, that right can’t be transferred to Louise.
But solicitors for the mum are hoping to use an ancient Scots law legal manoeuvre to help Louise, 45, keep Ellie’s dream of parenthood alive.
The principle of “nobile officium” (noble office) allows judges to provide a legal remedy where the existing law might be deemed oppressive.
The November 30 deadline for destroying the sample is now extended to January 12.
Louise said: “It’s a relief. Now we can breathe a bit in the run-up to Christmas and our lawyers will have time to get our application in.”
