Queer and Trans Access to Assisted Reproductive Technologies : A Comparison of Three EU-States, Poland, Spain and Sweden

This article is about the legal challenges and difficulties of queer and trans reproduction with ART in three purposely selected European states: Sweden, Poland and Spain, representing the north, east and west of Europe. Isabell Engeli and Christine Rothmayr Allison’s (2017) continuum model of classifying countries according to their permissive, intermediate or restrictive regulations for ART access serves as an example how a national comparative analysis on ART policies is established. However, this framework needs to be adjusted to address the regulations pertaining to queer and trans people’s reproductive, parenthood, and partnership opportunities. Thus, the queer and trans model I propose includes somewhat different concerns and criteria than Engeli and Rothmayr Allison’s such as which terminologies for the parents are available on the birth certificate. The overall aim is to provide insights into the different regulations regarding ART in the three countries here discussed, and to suggest solutions for a more inclusive European legal framework for ART access