Region Reported to Equality Ombudsman After Denying Trans Person Right to Have Children

A person identifying as a non-binary trans person, together with their partner, a biological woman, wanted to have a child as a same-sex couple. The region denied the couple, who have now filed a complaint with the Equality Ombudsman (DO).

After deciding to have a child, the couple contacted the infertility clinic in Västerbotten at the beginning of the year. The couple wanted the woman to carry the child. However, after a meeting between fertility doctors and midwives, their request was refused. The clinic also noted that the trans person had sought help for a gender identity evaluation.

“The process of gender transition is lengthy and involves significant psychological challenges. Since that process is in its starting phase and not yet completed, we will not begin any evaluation at this time,” the clinic wrote in the decision shared with Folkbladet.

At the same time, they clarified that the couple is welcome to return once they have processed their gender issues. This angered the couple, leading them to file a complaint with the Equality Ombudsman. In the complaint to the authority, they wrote: “It is very strange that they denied us without speaking to us; they have no idea how we perceive the situation and what it means for us in particular.”

Special Assessment

According to the complainant, a gender investigation will not entail significant psychological challenges. The person also argues that the assumption that they want to change their legal gender is incorrect. Therefore, the complainant claims this constitutes “discrimination on ground 2: gender identity or expression, as they refuse to let us proceed with the process because of my gender identity and because I sought care to consider whether I want to start hormone treatment.”

In its statement to the Equality Ombudsman, Region Västerbotten writes that the chief gynecologist, obstetrician, and the clinic’s counselor met with the couple and allowed them to express their views. However, the earlier assessment remained unchanged. The region does not consider the complainant to have been subjected to discrimination, and points out that in cases of assisted reproduction with donated gametes, current regulations require a special assessment.

One aspect of the assessment is to ensure that investigations and any medical or psychological treatments are completed as far as possible before the process of assisted reproduction begins – a rule that applies to all patients and is not related to gender identity or transgender expression. The region also refers to clinical experience that hormone treatment can be physically and mentally stressful.