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In a survey conducted by Ellis, Wojnar, and Pettinato of eight subjects whose sex assigned at birth was female and who carried a pregnancy to term while identifying as male or gender variant at the time of conception and through delivery, they noted both internal and external struggles for the parents.

On whether transgender men have a right to gestate under the umbrella of procreative liberty, Murphy has argued Thomas Beatie's now multiple pregnancies and child births have not led to an identifiable social harm rooted in changed social meaning of sexed bodies, let alone a harm of a magnitude that would justify imposing moral or legal obstacles to prevent assisted gestation by transgender men.

As far as the world at large is concerned, transgender men will be outwardly fathers to their children.


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In the UK a transgender man who gestates his own child will be regarded as the child's mother on the birth registration certificate because the law continues to ascribe legal parenthood based on sexual characteristics at birth. Yet, there is no clear provision for transgender parents who conceive after having legally transitioned. The third and final issue I now address is the prospect that science may soon also discover how to achieve pregnancy in cisgender men. Single men may also wish to opt for this procedure.

As single and same-sex male couples require a gestational surrogate to gestate a child to procreate, this would avoid the expensive and legally uncertain route of commissioning a surrogate. In support of procreative liberty as encompassing founding a family through alternate and novel means, Savulsceu argued:. For this reason, reproductive freedom is important. It is easy to grant people the freedom to do what is disagreeable to us; freedom is important only when it is the freedom for people to do what is disagreeable to others. Robertson's accounts of procreative liberty center on respect for individual autonomy and individual's decisions concerning how they procreate and found a family.

This becomes important in the context of a right to gestate since some countries such as the UK have legislation in place, which would render it unlawful and a crime for a man to place an embryo into a cisgender male body with the intention to implant.

INTRODUCTION

However, he asserts that:. Any notion of a right to reproductive liberty that extends as far as a man's right to gestate has lost contact with the facts about the biology of reproduction and its significance in a normal human life that made it plausible to defend the existence of such a right in the first place. Sparrow therefore advises that the extent of this purported right in other contexts in which it is deployed needs revisiting. He argues that notions of procreative liberty have gone awry in this context for the following reasons: firstly, the argument for procreative liberty relies for its force on facts about the normative role reproduction plays in the human life cycle.

Given the role that reproduction plays in human flourishing, the harms of infringing and frustrating this right for those unable to reproduce, or who need assistance so as to do so, are clear. For instance, I may not sympathize with someone unable to teleport. Furthermore, rights are not based on whether something is perceived as a tragedy or not. Sparrow's second argument is that rights cannot be summoned into existence ex nihilio , whether an activity falls within a right depends in part on a set of substantive judgements about what sorts of projects can contribute to a meaningful life and the interests that found rights must be capable of being described in ways that can communicate their importance to others.

That the application of a right always involves these sorts of judgements about the merits of the claim that some particular project falls within it, otherwise one would have no way of adjudicating when rights conflict.


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Again this is not convincing. Just because the importance of a right can be explained does not result in adjudication between conflicts of rights being possible. For instance, the right to privacy might conflict with the right to free speech. We can explain that both are important. But the fact that they are important does not help us adjudicate conflicts between those rights. As Sparrow deems that pregnancy is not a reasonable expectation in cisgender men, he argues no negative right to male pregnancy exists and laws prohibiting men from becoming pregnant would not interfere with a project that is entitled to the same level of respect granted to conventional reproduction.

The rights rhetoric Sparrow deployed here clouds the issue. Whether cisgender men have the right to get pregnant depends upon what theory of rights one adopts. If one adopted a choice theory of rights or broad interpretation of procreation liberty, then as Sparrow concedes, one could say thwarting a man's decision to get pregnant, would interfere with his rights.

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Sparrow's analysis can be summed up as follows: without some naturalistic and gendered account of parenthood, bioethics has opened the door to entirely degendered accounts of rights and duties in parenthood. He seems to favor a view that parental sex implies moral limits to the ways in which people should have children, at least as far as state subsidy is concerned.

Acknowledging that fertility clinicians help same-sex couples bypass their relational infertility, Sparrow's line of argumentation remains that individuals may still only have children in male-typical or female-typical ways, even if the parental roles of same-sex couples vary from the norm. Sparrow also argues against the use of public funds to support research into technology to enable cisgender men to gestate since he sees no right, there is no public duty to support research. Just because women reproduce through pregnancy does not mean that men should be able to do so as well.

Not all whims or even strong desires about passing on genes merit protection as part of procreative liberty.

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Thus, he does concede that a man might have a stronger claim to gestate if there were no partner or surrogate available, stating:. This is similar to the objection raised above in the context of transgender women, that speculative social harms rooted in changed social meaning of sexed bodies will occur. As Murphy argued in response to such arguments, these fail because social meanings of sexed bodies do not remain constant and because the change in this case would not elicit social effects significant enough to justify restricting gestation only to cisgender women.

Reproductive science continues to propel us into uncharted territories and tests the very essence of principles such as the right to procreative liberty. The controversial possibility of uterine transplantation once more reminds us how reproductive technologies are increasingly allowing us to separate genetic, gestational and social parenthood. As scientists around the world continue in their endeavors to emulate the success of Sweden and the USA, the prospect of uterus transplantation not only to restore fertility in women, but also to restore, realign and enhance reproductive capacity in transgender and non-binary individuals and cisgender men, provides an interesting context within which to test the boundaries of notions of procreative liberty.

This paper has sought to originally contribute to the debate by elaborating on Robertson's final paper and in so doing, examining the idea of a right to gestate as a fundamental component of procreative liberty. I argued that procreative liberty does extend to a right to gestate and in countries such as the UK, where other fertility treatment is publicly funded it could be regarded as a positive right.

In this context, those who would exercise procreative liberty so that they can gestate a child do not have to show what good it would do, rather those who would curtail freedom have to show not simply that it is unpopular, or undesirable, but that it is seriously harmful to others, or to society and that these harms are real and present, not future and speculative. I have argued that Robertson did not provide sufficient or robust enough reasons to rebut this presumption when discussing the possibility of gestation by transgender individuals and non-binary individuals or cisgender men.

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In light of emerging uterus transplant technology, convincing arguments why procreative liberty should not extend to gestation by others besides cisgender women, if there are any, are yet to be made. I thank Dr Paula Case, Dr Danielle Griffiths, Dr Craig Purshouse, and the two anonymous reviewers of the journal for providing valuable feedback on earlier versions of this paper.

Any shortcomings remain my own. See also Valerie K. Hence, a cisgender person's gender is on the same side as their birth-assigned sex, in contrast to which a transgender person's gender is on the other side trans- of their birth-assigned sex—see B. Jones et al. Ethics —65 Ethics Healthcare Ethics — Ethics J.

Timothy F. This case concerned a married Italian couple, who had entered into commercial surrogacy arrangement with a surrogate in Russia.

Introduction

Due to a clinical error, neither parent had a genetic connection to the child the surrogate gestated an embryo obtained from unknown ova and sperm donors. Measures taken by the Italian authorities resulted in the separation of on a permanent basis of the child and the applicants. The Grand Chamber found that no Article 8 family life, de facto or otherwise, arose between the applicant's and their child. Cancer treatment can affect fertility and practice guidelines from a number of professional organisations, including the American Society of Oncology highlight the need to address and counsel fertility with their at risk patients—for more, see Joanne Frankel Kelvin, Fertility Preservation in Young Adult Patients with Cancer , 31 Oncology , —38 Alghrani A.

For instance see Evans v UK [] 2 F. Robertson, supra note 15, at Thornton, Helen M. If So, How Much? Ethics 87—92 See also Vered H. Mahowald, Genes, Women and Equality Cell Endocrinol. Ethics —42 For the future of UK healthcare, see Hugh E. Montgomery et al. Previous Primary Care Trusts responsible for commissioning were dissolved and their functions devolved to GP commissioning groups called Clinical Commissioning Groups.

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S2—6 Stotzer, Jody L. Ethics —25, at Uterus transplantation into transwomen has been explored in the following papers: A. Lind, H.


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Bridgman, eds, Murphy, supra note Alghrani, supra note For an interesting discussion of the Gender Recognition Act and the broader political context, read Sally Hines, Gender Diversity, Recognition and Citizenship Makadon, Transgender Men and Pregnancy , 9 Obstet. Kristin M. Health Dis. Ellis, Danuta M. Midwifery Women's Health 62—69 Riggs, What Makes a Man? June 20, He repaired the tear and closed the chest. The patient recovered fully. He became a charter member of the American College of Surgeons when it was founded in , the first Black surgeon admitted to that organization.

Daniel Williams died on August 4, in Idlewild, Michigan. Today's Articles People, Locations, Episodes. Mon, AccessBiomedical Science.