Theres a few things i find really uncomfortable with in this story. Trying to keep this general rather than specific to this case but this is hard given the desire to go down the legal route and make a prescient. Its in the public interest to discuss some of the history here for that reason because of the wider legal and ethical implications.
This is a 16 year old who suddenly became ill unexpectedly and died after being rushed to hospital. They became ill at 10pm and died in the early hours the next morning.
This is out of the ordinary. This does not happen often.
We also have a 16 year old who had their sperm taken at age 14. Why age 14? Why not wait a few years? Why the urgency to do it whilst still a minor? There had to be some reason why it was done at age 14 not later. The obvious one is that there was a pressing need at age 14 to preserve fertility and this couldn't wait. Why?
It strikes me there is a massive elephant in the room here. One I'm not going to spell out more explicitly than I already have but I find this troubling.
I also think that the ethics of a 14 year old having their fertility preserved because they are trans highly questionable. Its worth pointing out its an option not always available to people undergoing cancer treatment, but where this is available this is absolutely not concerned as giving consent to have a child even if having a family is a future plan of an adult already in a secure life position to start a family.
Persevering fertility to keep the option of having a child open is one thing, but it also neglects a discussion about sexual function and pleasure you can't possibly have with a 14 year old! Also perserving fertility is NOT making a firm decision to having have a child. Having a dream to have a child age 16, is a world from the reality of actually doing so. A 16 year old can dream of being an airline pilot and then decide that actually thats not really for me.
I stress, no consent for actually concieving a child has ever been given here, and certainly not one from an adult in a position to make that decision. Only a desire that having a child in the future might be a possibility. Consent was given to keep options open. Consent was not given to have a child.
The mum is grieving for a lost child. Can that be separated out from the situation here? I find that difficult. Whilst having sympathy its simply not a decision a grandparent should be able to make. We start to get all sorts of ethical questions about who 'owns' the reproduction genetic material of a human after they die. I find this a slightly disturbing concept. If you establish the idea that someone has 'ownership' other that the one (or two parties) directly concerned I think you start to open up a can of worms. Unless you have given explicit directives about what happens to your reproduction material, I fear where this may lead.
In this particular case we also have a situation here where we simultaneously have a child apparently old enough to make decisions about their own fertility but after their death they are suddenly a child whom the mother can make decisions about a potential grandchild (that does not exist) about and has rights/responsibilities to fulfil. I find that questionable in terms of power dynamics and in terms of consent being wholly valid (in a past tense). In this context a surrogate being a sibling should be ethically completely out of question.
What the mother is trying to do is in effect, establish the right of grandparents (a third party) to their children's genetic material without any explicit previous legal directive authorising this, on the basis of the age of their child at the time of death and because they were a minor at the time of donation. Its also using the emotive factor that they were trans to try and add weight to their cause. I dont think it would get as much support / traction as an idea but for these factors. A mother of a 25 year old (also not in a relationship) who had preserved their sperm for cancer treatment would probably be thought of very differently.
Are we going to get into the land of family disputes about who 'gets custody' ownsthe sperm, eggs or embryos of deceased family members? What would be the rights of genetic siblings or other genetic relatives such as grandparents to see each other if raised in separate households after a family dispute if this nature? Is this what a deceased sibling would have wanted? It opens a can of worms...
The mum is already about to become a grandmother as I understand from newspaper reports, so its also a factor in play. A 16 year who has a sibling expecting a baby expressing a desire that they would maybe like a child in the future IS NOT an explicit expression of consenting to have their sperm used to father a child in the event of their death. Its an expression of empathy, trying to identify with their sibling and wanting to perhaps one day have children too, but its still in the realms of fantasy. The fact that sperm has been preserved due to the trans factor is a red herring in that sense. That decision as ive said previously a) was made as a minor (in circumstances that i find slightly ethically disturbing) and b) was about perserving possible fertility and not consenting to have a child.
There are other aspects to this specific case i find concerning but they are not directly relevant to the wider implications of what the mother is proposing in legal and ethical debate so I will park it there.