Changes to Fertility Laws
The government has recently announced forthcoming changes to fertility legislation aimed at reducing the discrimination experienced by same-sex female couples seeking to conceive through reciprocal IVF.
Currently, female same-sex couples utilizing reciprocal IVF, where one woman provides her egg and the other carries the child, are required to undergo infectious disease screenings, including hepatitis B, hepatitis C, and rubella, at a cost of up to £1000. Heterosexual couples going through the same process do not need to undergo these screenings, creating an inequality.
The government has announced that this requirement will be removed, eliminating this additional barrier and significant extra cost specifically applied to female same-sex couples.
Additionally, changes will be made for same-sex couples where one or both partners have HIV with an undetectable viral load. Such couples will now have access to IVF treatment, including known sperm or egg cell donation to friends or relatives.
Stowe Partner Gemma Davison examines these changes in more depth.
Although advancements in science and technology have expanded options for IVF treatment, there are still obstacles for many couples, particularly for same-sex couples who face additional hurdles and costs. The government’s announcement regarding the elimination of additional tests for female same-sex couples pursuing reciprocal IVF is long overdue and very welcome.
The changes to laws concerning HIV load in same-sex couples is also a positive step, providing access to IVF treatment for those with undetectable viral loads.
While these changes aim to reduce inequality between same-sex and heterosexual couples in accessing fertility treatment, they will not completely eliminate the existing barriers, particularly concerning costs. The government has committed to removing all financial barriers associated with IVF and fertility treatment.
For example, current National Institute for Health and Care Excellence (NICE) guidelines recommend that women under 40 should be offered three cycles of IVF funded by the NHS if they have been trying to conceive for two years or have not been successful after 12 cycles of artificial insemination.
However, the implementation of these guidelines varies by area, leading to inequality in treatment access. The Women’s Health Strategy (August 2022) committed to removing all financial barriers, yet the change is still pending.
Until the announced changes in fertility legislation become law, financial and practical barriers continue to impact same-sex couples’ journey to parenthood.
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