People with HIV can use surrogates to become parents for the first time after ban ends

People with HIV will finally be able to donate eggs or sperm for surrogacy, the Government has said.

The new legislation will allow people living with HIV who have an undetectable viral load – meaning they cannot pass on the virus – to donate eggs or sperm for the first time as part of fertility treatment.

Under UK law that stems from EU legislation in the 1990s, there has been an outright ban on anyone living with HIV from being able to donate.

This has particularly affected LGBT+ people with HIV, who have not been able to become parents through surrogacy. At present, people in mixed-sex couples can undergo fertility treatment such as IVF even if one or both of them have HIV.

However, this does not apply to LGBT+ couples, as when an egg is transferred from one woman to another, and a man gives sperm to someone who is not their partner, they are legally seen as a donor and different rules apply.

Health Minister Maria Caulfield announced that new laws will be introduced allowing “the donation of gametes by people with HIV who have an undetectable viral load”.

Speaking during a parliamentary debate on IVF provision, Ms Caulfield said the secondary legislation will be brought in “as soon as we can” following advice from the Advisory Committee on the Safety of Blood, Tissues and Organs (SaBTO).

The Government also scrapped an outdated law requiring female same-sex couples hoping to conceive via in vitro fertilization (IVF) to go through screening for infectious diseases such as hepatitis B, hepatitis C or rubella.

This screening can cost up to £1,000 whereas under current rules, heterosexual couples do not need to undergo this screening.

Campaigners said the new HIV legislation will “transform the lives” of many LBGT+ people living with HIV who have been barred from starting a family.

The National AIDS Trust, which has been campaigning on the issue for years, welcomed the end to a “discriminatory law” and urged the Government to act quickly.

Deborah Gold, CEO of National Aids Trust, said: “The Government’s decision follows the science and we now urge them to act swiftly on their commitment and table secondary legislation to remove these regulations from the statute book as soon as possible.

“This change will transform the lives of some people living with HIV who have until this point been barred from the opportunity to become a parent through fertility treatments.”

The Terrance Higgins Trust welcomed the change, saying it will improve people’s “families, futures and lives”.

Debbie Laycock, head of policy at Terrence Higgins Trust, said: “There’s no reason for people living with HIV who have an undetectable viral load to be denied the same fertility treatment as everyone else and it’s right the law reflects that.”

Who will the legislation affect?

Surrogacy: A couple, where one of both live with HIV, who wish to use a surrogate. This applies to gay men and mixed-sex couples who require a surrogate. For example, women living with HIV who cannot carry a child due to medical reasons.

Co-maternity: A lesbian couple where one is living with HIV and wishes to have her egg implanted in her partner.

Known donation: A person who wishes to receive a gamete donation from a friend or relative living with HIV.

Kate Osborne, the Labour MP for Jarrow who brought the debate on IVF provision, said she was “really pleased” that the Government “finally committed to changing laws that discriminate against people living with HIV”.

She said this contributes towards the end of the “gay tax” couples face on starting a family.

“I will be monitoring the situation closely and ensuring the Government quickly keep this promise,” she said.

But she added that many same-sex couples looking to start a family are still “at the mercy of an unequal postcode lottery for fertility services”.

The Government’s Women’s Health Strategy, launched in July last year, pledged to remove barriers to IVF for same-sex couples but fertility doctors and campaigners warn the commitment has not been undertaken by the majority of local health bodies – known as Integrated Health Boards (IBCs).

NHS England is currently preparing commissioning guidance to issue to ICBs to support the implementation of the strategy which is due to commence this year, i understands.

But there is no timeline and it is unclear exactly what the changes will look like – and campaigners say same-sex couples do not have time to wait.

There is still a postcode lottery, with same-sex couples having to self-fund up to £30,000 before accessing NHS care, campaigners have said.

This is because rules differ between each health board, with some requiring 12 rounds of self-funded IUI, while others say six rounds are required.

Laura-Rose Thorogood, chief executive of the charity LGBT Mummies, said she was “extremely disappointed” that there are still inequalities regarding IVF funding provision for same-sex couples, despite “multiple promises”.

“Without a nationally mandated policy implemented by the Government, the ICBs will continue to act autonomously and discriminate against same-sex couples by not providing access,” Mrs Thorogood told i. “Anything less than a national policy is a waste of time.”

However, she welcomed the removal of additional barriers for those with HIV, saying: “Equal access for all – no matter where you live, and especially who you love.”

A Department of Health and Social Care spokesperson said: “Our Women’s Health Strategy for England sets out our 10-year ambitions for boosting health and wellbeing, and improving how the health and care system listens to women and girls.

“The strategy contained a number of important changes and future ambitions to improve the variations in access to NHS-funded fertility services, including improving same-sex access – which we remain committed to and expect to start this year.”