Lesbian couple win NHS fertility treatment legal battle

Newborn baby July 21st, 2009

A lesbian couple have won the right to have IVF treatment on the NHS.

The couple, who have remained anonymous, were initially refused IVF by their primary care trust because they were a same-sex couple.

One of the women has polycystic ovarian syndrome, one of the most common causes of infertility.

The clinic justified the decision to withhold IVF with the Human Fertilisation and Embryology Act 1990, which requires clinics to consider a child’s ‘need for a father’. This requirement was overturned in April 2009.

From October 2009 all fertility clinics will instead have to consider ‘the welfare of the child’ when providing treatment.

If NHS trusts continue to deny lesbians fertility treatment after this date they face possible legal action.

“The changes in the law should mean that no infertile lesbian is refused NHS fertility treatment on the grounds of her sexual orientation,” said Ruth Hunt, head of policy at LGB campaign group Stonewall.

“We have just published a guide on how to get pregnant for lesbians in response to lots of queries. This is a hot topic for us at the moment.”

This is the second known case in which lesbians have been given fertility treatment after a legal fight in the UK. In February 2009 a Scottish couple won a similar case against Greater Glasgow and Clyde NHS health board.

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