The legal paradox of uterus transplantation in transgender women: reproductive innovation and regulatory limits after For Women Scotland

Hammond-Browning, Natasha ORCID: https://orcid.org/0000-0002-2371-2479 2026. The legal paradox of uterus transplantation in transgender women: reproductive innovation and regulatory limits after For Women Scotland. Medical Law Review 34 (4) , fwag035. 10.1093/medlaw/fwag035

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Abstract

Uterus transplantation (UTx) is a novel reproductive technology that intersects organ transplantation and assisted reproduction. Although births following UTx are a clinical reality, the procedure raises legal questions not anticipated by UK legislative frameworks. This article examines whether UTx may lawfully be provided to transgender women for reproductive purposes under UK law through analysis of the Human Tissue Act 2004, Human Fertilisation and Embryology Acts 1990 and 2008, Gender Recognition Act 2004, and the Supreme Court decision in For Women Scotland Ltd v The Scottish Ministers. The article considers whether a transgender woman may lawfully receive a uterus transplant and whether fertility treatment may be provided to facilitate gestation. It argues that the Human Tissue Act 2004 contains no sex-based restriction on organ recipients and therefore does not prohibit transplantation into a transgender woman. However, the reproductive purpose of UTx depends upon access to fertility treatment. Applying the reasoning in For Women Scotland generates uncertainty regarding the legislative meaning of ‘woman’. The current statutory framework casts serious doubt upon the legality of providing fertility treatment necessary for gestation. This analysis demonstrates the tension between medical innovation and a legislative framework developed before UTx was contemplated, highlighting the need for legislative clarification.

Item Type:	Article
Date Type:	Publication
Status:	In Press
Schools:	Schools > Cardiff Law & Politics
Subjects:	K Law > KD England and Wales K Law > KD England and Wales > KDC Scotland
Publisher:	Oxford University Press
ISSN:	0967-0742
Date of First Compliant Deposit:	6 October 2026
Date of Acceptance:	28 August 2026
Last Modified:	07 Oct 2026 08:45
URI:	https://orca.cardiff.ac.uk/id/eprint/190021

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