Good Law Project challenges ‘gay tax’ on NHS IVF

A legal challenge has been launched over NHS fertility rules that can force female same-sex couples to spend thousands of pounds on private treatment before becoming eligible for funded IVF.

The Good Law Project is supporting a lesbian couple, known as Amy and Lauren to protect their anonymity, in challenging rules it says create an unfair financial barrier for same-sex couples hoping to start a family.

Speaking to Gaydio Breakfast, Zoe Johannes from the Good Law Project explained that the requirements vary depending on where couples live.

“The issue is that access to IVF funding on the NHS is very much a postcode lottery,” she said.

“Very often, female same-sex couples are told that they have to privately fund six to 12 rounds of artificial insemination before they can get funded IVF treatment, whereas straight couples or opposite-sex couples are just told that they can try at home for up to a year.”

For Amy and Lauren, that means paying for six rounds of artificial insemination before they can access NHS-funded IVF.

Johannes said one round of private treatment can cost between £800 and £1,600, meaning 12 rounds could cost up to £19,200. That is on top of the cost of donor sperm.

She described the additional expense as “really another added cost that's making it inaccessible for people”.

The difference is also reflected in figures from the Human Fertilisation and Embryology Authority, which show that 16% of patients in female same-sex couples received NHS funding for IVF in 2022, compared with 52% of patients in opposite-sex couples.

The Government's 2022 Women's Health Strategy pledged to address the additional barriers faced by same-sex couples seeking fertility treatment. However, Johannes said the changes have yet to happen.

“Couples are aging out of eligibility because obviously it's very time sensitive and people are losing the ability to have children,” she said.

The Good Law Project argues that couples should not face additional requirements simply because they cannot conceive at home.

“It's about making sure that there isn't discrimination between two groups,” Johannes said.

“And if the purpose of the NHS funding for IVF is to make it possible for everyone to have children, that should include everyone and not just straight couples.”

The organisation is asking people to support its legal challenge by donating towards its legal costs.

To find out more about the case or support the campaign, visit the Good Law Project website.