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.
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.
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!
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. 🌈
PRESS:
As featured in:
- BBC News
- Glamour
- Grazia
- Vice
- The Telegraph
- Metro
- The Daily Mail
- DIVA
- Pink News
- Gay Times
- i Paper
- The Independent
- The Mirror
- THEM
Interviews:
- 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
- BFMTV
Statements of support:
