We Have Launched Legal Action in the Fight for Fertility Equality

megan and whitney bacon-evans issue judicial review for fertility equality

We can finally let you all know what has been going on behind the scenes for many, many months this year. This has been so hard not to tell you all but it’s probably the most important thing we’ve possibly ever done. As you all know, we were shocked & devastated to discover the discrimination that lesbian couples, bisexual women and individuals with wombs face in starting their family. 

When we embarked on our baby journey in 2020, we really didn’t know what that would look like. How do we even begin to start to create our family as a lesbian couple? The great lack of information meant that we really were stumbling around in the dark, and we were shocked to discover discrimination in place in 2020.

We presumed that as we are legally a married couple, that as a family we would also be viewed as equal in the eyes of the law; but that appears sadly not to be the case. LGBTQ+ couples are not entitled to the same access to fertility treatment as cis heterosexual couples. Hearing all of the experiences and discrimination that our community had been facing left us wanting to create change. In November 2020 we launched a fertility equality petition asking for the government to do a review of the fertility sector. 

One year later we have instructed the top UK law firm Leigh Day, with barristers Jude Bunting and Marlena Valles, to represent us to take action against our CCG’s (Clinical Commissioning Group) discriminatory policies which prevent us from having equal access to fertility treatment. We've issued a judicial review, which means it is in the public interest, and it will be a landmark test case.

megan and whitney bacon-evans issue judicial review

What are we challenging?

We're fighting for equal access to fertility treatments and it all comes down to the unfair financial burden that is being placed on the LGBTQ+ community. This is in relation to the eligibility criteria in order to receive fertility treatment on the NHS. Our local Clinical Commissioning Group (CGC) policy states that female same-sex couples must self-fund 12 rounds of artificial insemination, 6 of which must be IUI in a private clinic. This forces female same-sex couples to pay tens of thousands of pounds in artificial inseminations in expensive private clinics to prove that they are infertile before they are eligible for any fertility treatment on the NHS. However, heterosexual couples can qualify for IVF on the NHS if they have not become pregnant after two years of unprotected sex, with no financial cost to them whatsoever. This financial barrier on the LGBTQ+ community pushes some into debt and others into dangerous situations, or giving up on being able to create a family at all.

To put this into perspective, 12 rounds of IUI in a clinic would cost approx. £50,000. This is taking into account treatments, tests and cost of donor sperm.

More information: read the press release from our law firm Leigh Day.

The announcement of our case was launched exclusively in The Guardian by journalist Alice Hutton. We’re also honoured to be supported by the UK LGBTQ+ charity Stonewall & BPAS fertility. (See bottom of blog post for further press and Stonewall and BPAS' statements).

What do we hope to achieve?

We’re doing this for every LGBTQ+ couple who had to give up on their hopes and dreams of creating a family. If found to be unlawful, this could positively impact the lives of tens of thousands, or even hundreds of thousands, of LGBTQ+ people embarking on their path to parenthood now & in the future to come. 

It is time for discrimination to end and for there to be equal treatment with heterosexual couples in the healthcare system.we’re doing this in this hopes that this will set a precedent and be a catalyst for change. 

megan and whitney bacon-evans fight for fertility equality

How can you help/ support?

This is something that has the possibility to make REAL change for everyone & we need your help! We have set up a fundraiser on crowdjustice to help cover the our fees if we lose in court (majority of which are the defendants fees). Initially we need to raise £10,000, possibly to £25,000. Without raising funds, we cannot bring this claim. If we win our case, we will donate the funds raised to help fight a similar legal case or into the Access to Justice Fund or donated to charity. This is not to support our own fertility journey and will not be using this money in any personal way. The funds will be sent directly to our lawyers (Leigh Day are acting on a ‘no win no fee’ basis).

Please donate what you can and share this page via social media/ WhatsApp/ email. Everyone deserves the right to form a family & together we can achieve equality for all. If you’re able to spare just a few £ or send it to friends that would be greatly appreciated!

How you can help:
- Sharing the fundraiser page on your social media.
- Asking two other friends to contact 5-10 people, with the link to your page and a request to share.

(The minimum donation on crowdjustice is £5 and if you would like to donate less, then please send it to our PayPal email address '' and it will stay in there to add to our fundraiser.)
Please sign our Fertility Equality petition:

We also have a fertility equality petition & would be great if you can sign those and spread the word also, if you haven't already. ☺️

We hope to help create a future where LGBTQ+ families are treated as equal & we thank you all for your support so far. Together we can achieve equality for all. 🌈

Thank you SO much!

M & W xo


As featured in:

- The Guardian

- BBC News

- Glamour

- Grazia

- Vice

- The Telegraph

- Metro

- The Daily Mail


- Pink News

- Gay Times

- i Paper

- The Independent

- The Mirror



- Good Morning Britain

- BBC News Channel with Victoria Derbyshire

- ITV London

- Sky News

- BBC 5Live

- Steph's Packed Lunch on Channel 4

- Times Radio

- BBC Surrey Radio


Statements of support:


"At Stonewall, we imagine a world where all LGBTQ+ people are free to be themselves, are treated equitably, and can live their lives to the full. Everyone who wants to have a child should be able to; and LGBTQ+ prospective parents should have equitable access to NHS-funded care to help them conceive.

The current NICE fertility guidelines create significant practical and financial barriers for LGBTQ+ prospective parents, particularly lesbians and bi women. Depending on your local CCG, LGBTQ+ people could have to spend up to £25,000 before being eligible for NHS fertility services. For many couples, these barriers are insurmountable, and they are unable to start a family.

Whitney and Megan’s case highlights the human impact of restricting access to NHS-funded fertility services, and we are proud to support their fight to make sure that no one is excluded from the right to form a family.” - Eloise Stonborough, Associate Director of Policy and Research at Stonewall, (she/her)


"Fertility services are crucial in supporting the development of different family structures. However, our research has found that female same-sex couples and single women are disproportionately impacted by policies which require that they self-finance costly, and less effective, artificial insemination, in some cases for at least 2 years, before becoming eligible for funded IVF. 

These restrictions amount to a tax on LGBT+ families, and the impact can be truly devastating. One same-sex couple told us that their experience of trying to access NHS-funded fertility treatment caused them to feel, for the first time in their life, a "deep sadness at being gay.” The need for reform is urgent.

BPAS Fertility is committed to not only being at the forefront of ethical, compassionate, high-quality fertility care and research, but also campaigning for fair and equal access to NHS-funded treatment. We are proud to stand with Whitney and Megan in their fight for fertility equality, and we applaud their courage for publicly sharing such a personal struggle." - Marta Jansa Perez, PhD, Director of Embryology at BPAS Fertility
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