Changes to Fertility Laws
The government recently announced an upcoming change to fertility legislation which will lessen the discrimination that same-sex female couples experience in trying to conceive via reciprocal IVF.
At the moment, female same-sex couples who are looking to have a child via the route of reciprocal IVF – meaning one woman provides her egg and the other carries the child – are required to undergo a screening for infectious diseases, including hepatitis B, hepatitis C and rubella. This can cost up to £1000.
However, heterosexual couples going through the same process do not need to have this screening.
The government have now announced that this will be changed, removing the additional barrier and significant extra cost only applied to female same-sex couples.
Furthermore, changes will be brought in for same-sex couples where one or both partners have HIV, but the viral load is undetectable. In these situations, the couple will now be able to access IVF treatment, including known sperm or egg cell donation to friends or relatives.
Stowe Partner Gemma Davison investigates these changes in more detail.
The options for IVF treatment have been expanded with advancements in science and technology, allowing more couples to start a family through this method. However, there are still obstacles for many in accessing this treatment, particularly for same-sex couples who have additional hurdles and cost specific to themselves to overcome. This has meant ongoing inequality between heterosexual couples and same-sex couples who want to become parents.
The government’s announcement that the cost associated with extra tests that female same-sex couples must undergo if they wish to pursue reciprocal IVF is very welcome, and long overdue.
The changes to laws around HIV load in same-sex couples is also welcome, and will mean that, for those individuals and couples where the viral load is undetectable, access to IVF treatment will be opened.
These changes, when they are enacted, will work to reduce the inequality that exists between same-sex couples and heterosexual couples when it comes to accessing fertility treatment. However, they will not completely remove the barriers that exist, particularly around costs, although the government has committed to removing all the financial barriers associated with IVF/fertility treatment.
For example, at the moment, the National Institute for Health and Care Excellence (NICE) guidelines suggest that women under 40 should be offered three cycles of IVF funded by the NHS if:
- They have been trying to get pregnant through regular unprotected sex for two years
- Or they have not got pregnant after 12 cycles of artificial insemination
However, if tests show that there is no chance of naturally conceiving a baby and that IVF is the only treatment likely to result in conception, the woman should be referred immediately for IVF.
Currently, this is guidance only and not universally adopted by integrated care boards for their local area. Essentially, then, it is a postcode lottery for treatment and again, in many cases, female same-sex couples suffer inequality and huge costs if they want to conceive through IVF.
In the Women’s Health Strategy (August 2022), the government committed to removing all financial barriers, including the requirement for female same-sex couples to pay for 6 artificial insemination cycles privately before they are eligible for NHS funded IVF. Heterosexual couples are do not have to self-fund any treatments before being eligible for NHS IVF treatment.
Unfortunately, we are still awaiting this change. And, until the change in fertility legislation that has been announced by the government becomes law, there are still financial and practical barriers that mean same-sex couples face inequality in their journey to parenthood.
Hopefully, we will see more change and action soon.
Useful Links
Fertility Network UK
Our Child Law Solicitors
Surrogacy in the UK: Watch on Youtube
Surrogacy in 2 minutes: Watch on Youtube
Embryo Storage after Divorce
