Women in same-sex relationships could pay up to £19,000 before getting NHS funding for IVF 

BY ELLA GAUCI, IMAGE BY DIVERSIFY LENS 

Amy and Lauren, whose names have been changed for anonymity, were told by NHS North East London that they had to pay for six rounds of artificial insemination at a private clinic before they could be considered for IVF on the NHS. In contrast, women in heterosexual relationships are offered free IVF by NHS North East London after trying to conceive for two years. 

Now, the Good Law Project has launched a legal challenge against the NHS over the huge financial barriers, described as the “gay tax”, put in front of same-sex couples looking for IVF treatment. The Good Law Project is stating that this is a potential breach of the Equality Act. 

After completing repeated rounds of artificial insemination at private clinics, some same-sex couples are left with a bill that could reach up to £19,000. For many, this cost is too high and prevents them from starting a family. The UK’s fertility regulator (Human Fertilisation and Embryology Authority) reports that only 16% of female same-sex couples aged 18-39 received NHS funding for IVF, compared to 52% in opposite-sex couples. 

Amy spoke to the Good Law Project about the emotional toll of paying for private treatment. “It’s hard enough battling through fertility issues, no matter who you are, but for women in same-sex couples like me, there’s an added layer of discrimination. The NHS is letting us down and saddling us with a heavy financial burden.”

This new judicial review will be brought on the grounds of unlawful discrimination under the Equality Act, arguing that the NHS is breaching its duty to provide care that is equal, inclusive and free from discrimination. 

Zoe Johannes, discrimination lawyer at Good Law Project, said: “These discriminatory policies must be scrapped across the board, starting with NHS North East London. They’re not just discriminatory, they’re completely illogical. It makes no sense to require female same-sex couples to spend thousands to ‘prove’ that they can’t conceive naturally before they can access fertility treatment. Access to NHS care should be based on need, not sexual orientation.”

You can donate to help the Good Law Project here. 

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