# Told we're not eligible fir IVF on NHS because we're same sex couple!!!



## TwoBumps (Nov 22, 2007)

Hi,
Just wondering if anyone can throw any light on this situation for us?? I've also posted on the Ask a Lawyer section but I think Natalie must be away on holiday at the moment.
Here's the story...
After several private attempts at getting pregnant, money is getting a little tight now! Today, I telephoned LGI (Leeds) to see where we are on the waiting list. I was told we're 13th on the list for donor sperm but that we wont be eligible for funding for IVF as (quote!) "you're a same sex couple".
I asked if she was sure because I was certain that in 2005 a law was passed making it illegal to discriminate on the grounds of sexuality in the provision of goods or services.

She then read out the eligibility criteriaagain, quote!)

Age: 23-39
BMI: 19-30
Status: in a stable HETEROSEXUAL relationship and be childless, including children through birth or adoption

She was very apologetic & clearly didn't agree with the criteria but stated it was not the hospital who decides it but the West Yorkshire/ Leeds PCT. Apparently it was last reviewed in October 2005.

Is this eligibilty criteria legal?? If not, I am definately prepared to challenge it. How dare they??
Even if I was married to a man, I would _still_ need assistance to become pregnant. I need IVF because I'm infertile, not because I'm gay!!!

Any advice anyone?
Thanks, Lottie


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## ♥JJ1♥ (Feb 11, 2006)

My PCT in North London also doesn't fund same sex couples or single women.  There are also private clinics that won't treat single women ( not sure if same sex couples fall into the same category for them).

L


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## TwoBumps (Nov 22, 2007)

Hi L,
But is it legal though? They are clearly discriminating on the grounds of sexuality, the wording in their funding criteria doesn't even try to disguise it!
I can understand it from the point that healthy, fertile women do not need IVF (& are therefore offered IUI's as fee paying patients). But in our cases we _do _ need IVF to get pregnant.
x


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## pipgirl (Jul 11, 2007)

Hey hun

Im afraid it is legal to refuse treatment on those grounds in the same way as it is legal for one pct to fund a cancer drug and the nieighbouring one not to. We were told from the outset that no nhs treatment whatever would be available to us..the only things we could have done on nhs were investigation tests like HSG and on referal from the GP.
We had to do all our tx privately because of this..its not just us who are discriminated against though...my friend couldnt be treated because her husband had a child with his first wife 19 years ago and that made them ineligeble.

Im so sorry hunny -  we needed ivf too (unexplained) and its cost us a bomb but it did work!

Good luck for the next step.

PS im not sure about treatment abroad btw, it wont be free of course but may well be cheaper? poss somewhere like norway or holland? Worth checking out.

Pip


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## rosypie (Feb 1, 2007)

pipgirl said:


> Im afraid it is legal to refuse treatment on those grounds in the same way as it is legal for one pct to fund a cancer drug and the nieighbouring one not to.


It wouldn't be legal if they only funded the cancer drug for married heterosexuals though eh?

We live in a non funding PCT too. They pay for no-one; straight, gay, married, single. nobody. I guess it keeps it simple.

I'm sure it sounds fishy to me Lottie


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## TwoBumps (Nov 22, 2007)

Hi,
Thanks all for your replies.
I've been doing a bit of "investigation" on the matter...
From what I can make out, there is no legal entitlement for anyone to have IVF funded on the NHS. However, since 2005, (this is the exciting bit... I think!?!) if a PCT _does_ fund IVF for it's patients, then the eligibility criteria must be anti-discriminatory. If I've interpreted the rules correctly, then it would seem to me that Leeds are not playing ball because their criteria actually states funding is only available to heterosexual couples... which is clearly very discriminatory!
What do you think??
I'm dying for Natalie to reply, I'm chomping at the bit to challenge this (if I've understood my findings correctly of course!)
Thanks again everyone x


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## rosypie (Feb 1, 2007)

this is exactly what i understood to be the case; offer it to all or offer it to no-one. i'm sure nat can confirm or otherwise


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## Alison0702 (Apr 7, 2006)

Hi Lottie

I had this issue with my PCT too before I had my IVF. They said they didnt fund same sex couples - not sure what they do about other categories as I didnt ask. When I was talking to my consultant (private) about it, he said to double check this, as he was almost certain that this was incorrect. So, I emailed my local PCT with a full background, and they came back to me saying they would fund the treatment. I didnt go with this option in the end as it was up to 2 years waiting list and I was too impatient  
I know that different PCT's have different rules etc, but mine said originally no, then changed their minds. I dont think they really knew what they were talking about to be honest. 

I was told that it was nothing to do with legalities, as each PCT makes a decision on what they will spend their budget on. 

Good luck


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## TwoBumps (Nov 22, 2007)

Hi Alison,
Thanks, I think I may give an email to the PCT a try. We assumed we'd been on the IVF funding waiting list for the last year, it turned out it was only the donor sperm waiting list we were on! I'm really glad I gave them that call now otherwise we'd have been none the wiser!
Lottie x


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## Nadine75 (Aug 20, 2008)

Hi
We have been told that I would not be eligible for donor insemination or IVF on NHS as we are gay and in Newcastle... 
What a life, obviously they think we're made of money !!!
Liz & Nadine


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## cerinjo (Dec 2, 2007)

i live in Swansea and am currently on the waiting list of IVF with the NHS. I'm entitled to it because i suffer from PCOS, but as far as i am aware my partner would be entitled to it as well.. I dont think people should be allowed to discriminate against gay couples.. but i know a lot of people think that we shouldn't have IVF on the NHS because we choose not to sleep with men and they think unless there is an underlying medical condition we should just do it the natural way.. I think it's pretty stupid personally.


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## TerriWW (Mar 8, 2007)

This is the same in nottingham - they do not fund gay couples for IVF. They say you have to have been actively trying for 3 years as well. I'm not entirely sure if this is what excludes gay couples (as we aren't trying naturally every month) or if it was explicitly not open to gay couples.


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## Chowy (Apr 12, 2008)

Hi 

Im from the single women board and hopefully if I have done this properly my message from on ther should be quoted below  



Quote from: Chowy on 30/08/08, 10:42
Hi

Just thought id ask if anyone has had help with IVF or drug funding via their PCT,  I think that I heard that some have.

I wrote a letter a couple of weeks ago asking if I could be considerd for drug funding, I received a letter back this week saying:

They will only help couples in 'stable relationships' who have been 'trying to conceive through regular unprotected intercourse for a minumum of 2 years' (do they put cameras in their houses to evidence this)  Apparently the policy follows NICE and HFEA guidelines. 

Also the current Warwickshire NHS policy states that they do not part fund, therefore they would not fund a patients drugs if the patient was paying privatley for treatment.

Would just like to hear how other people have got on in different parts of the country.

Thanks

Chowy


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## NatGamble (Mar 1, 2007)

Hi Lottie

Sorry for taking so long to reply - I've been away on holiday and am just back.

I've just replied to you on the Ask a Lawyer page too, but for everyone else's interest here as well, funding criteria should not discriminate on the grounds of sexuality - that is illegal under the Human Rights Act and under the Equality Act (and their goods, facilities and services regs, which came into force April 2007).  

When the 'need for a father' stuff was being debated in Parliament, various right wing MPs said that need for a father couldn't be used to discriminate against lesbian couples, because their rights to treatment were protected under the Human Rights Act.  Apparently there was no discrimination in practice anywhere.  This thread kind of disproves that doesn't it?

I have been desperate to run a case on this - we only need one and the precedent will then be set - but despite many possibilities haven't yet found anyone willing to run with this all the way.  Funding is always a problem (my firm does a fair bit for free, but can't run a whole case without being paid as we have salaries to pay) but I have some ideas for getting around this.  The other problem is always establishing that funding is denied because of sexual orientation rather than other reasons (which can be as arbitrary as they like as long as they are not discriminatory).

Anyway, let me know if you do want to fight this - can't tell you how delighted I'd be.

Best wishes.

Natalie
[email protected]


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