Christians have voiced concerns over the decision by the UK equalities watchdog to take NHS England to court over fertility services for younger transgender patients.

According to The Observer, the commission recently gave NHS England written notice that it must give transgender patients access to fertility services before they receive gender dysphoria treatment that leave could leave them infertile.

Transgender people can opt to have their eggs and sperm removed and stored prior to transitioning, but as many start treatment when they are still in their teens, there are concerns that younger trans patients may not be fully aware of their options or lack the resources to utilize fertility treatments. 

Rebecca Hilsenrath, the chief executive of the Equality and Human Rights Commission told the newspaper that such treatment should be available 'in order to ensure that access to health services is free of discrimination'.

'A choice between treatment for gender dysphoria and the chance to start a family is not a real choice,' she claimed.

'We have asked NHS England to reflect on the true breadth of their statutory mandate and the impact on the transgender community of these outdated policies.'

According to The Guardian, NHS England has so far refrained from making fertility treatment available to transgender patients, arguing that it is not responsible for making such treatment available to all and that this instead lies with individual clinical commissioning groups in deciding whether such services should be provided on the NHS. 

A spokesperson for NHS England told The Guardian that it believed the request from the EHRC was 'misjudged and potentially unfair to NHS patients'.

The EHRC disagrees that fertility treatment for trans people falls outside the remit of NHS England and it has now decided to start legal proceedings.

'We have received a comprehensive response from NHS England to our letter regarding the provision of fertility services for transgender patients before they undergo treatment for gender dysphoria,' said Hilsenrath, according to The Guardian.

'We are proceeding with our judicial review claim and will remain in discussions with NHS England about the need to ensure the transgender community can access health services free from discrimination, and that individuals do not have to choose between treatment for gender dysphoria and the chance to start a family.' 

Christian Concern disagreed with the decision to take legal action against NHS England.

'The very definition of "family" is once more at risk,' it said.

'Rather than pushing teens towards transgender surgery and offering fertility treatment, we should encourage young people to accept their true identity as made male or female, in the image of God.'

The legal action against NHS England comes after Minister for Women and Equalities, Penny Mordaunt, announced an inquiry into what is behind a 4,400% increase in the number of girls in the UK being referred for transitioning treatment since 2009.