In vitro fertilisation (IVF) is a treatment method for couples who are keen to start a family but struggling to get pregnant. 

The technique has brought over 390,000 babies into the world since 1991, according to the HFEA, with  “advances in technology and treatment over the past three decades” resulting in “more successful outcomes”.

Recently, the government has announced changes that are being made to the law around IVF treatment. Here, we explore the changes to legislation, the accessibility of IVF, and the legal considerations you should be aware of if you plan to start treatment.

What changes are being made to the law regarding IVF?

The UK government has announced a change to fertility treatment law to ensure “female same-sex couples have the same rights as a man and woman when trying to conceive”. 

At the moment, same-sex female couples must undergo “screening for infectious diseases such as hepatitis B, hepatitis C or rubella”. This screening can cost up to £1,000, which couples must pay for themselves. Under the current law, “heterosexual couples do not need to undergo this screening”. 

This legislation is being scrapped so that same-sex female couples have equal rights and accessibility to IVF treatment, without having to fork out for this additional expense.

As well as this, the government is changing the law to give same-sex couples with non-transmissible HIV access to IVF treatment in licensed clinics. 

How accessible and affordable is IVF?

The National Health Service states that “IVF is only offered on the NHS if certain criteria are met. If you don’t meet these criteria, you may need to pay for private treatment”. 

Currently, the guidelines say “Women aged under 40 should be offered 3 cycles of IVF treatment on the NHS if they’ve been trying to get pregnant through regular unprotected sex for 2 years” and “they’ve not been able to get pregnant after 12 cycles of artificial insemination”. 

Those aged between 40 and 42 should be offered 1 cycle of IVF if the same criteria are met, plus they’ve never had IVF before and there’s no evidence of low quality or low numbers of eggs. 

While this is the general recommendation from NICE, individual ICBs across the country ultimately decide who has access to IVF. This can mean couples are treated differently depending on where they live. 

Those who can’t get IVF treatment on the NHS can choose to have treatment at a private clinic, but this may cost up to £5,000 or more.

What are the legal considerations of IVF?

If you’re planning to start a family using IVF treatment, you may be wondering where to start and how to navigate the process. There’s a lot to consider before you embark on assisted reproduction methods, such as who the legal parents will be and who’ll have parental responsibility. 

As well as this, you’ll need to provide your legal consent for the storage and use of your egg, sperm or embryo. You may also want to get to grips with your rights and what will happen if your circumstances change. 

It’s worth seeking expert legal advice from family law solicitors who can help you take the right steps towards starting your family. Using their knowledge and experience, they can explain your rights, document parenting agreements, assist with legal guardianship and more, so that you can move forward with complete peace of mind. 

While there’s a lot to consider when starting IVF treatment, rest assured there’s plenty of help available. Don’t be afraid to seek support from friends and family, your GP or midwife, solicitor and specialist fertility counsellors as you navigate your journey to parenthood.

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Mia's passion for travel extends beyond the pages of their writing. They are also an advocate for responsible and sustainable travel, believing that exploring the world should leave a positive impact on both the environment and the communities visited.