People with HIV are now able to donate their sperm or eggs to
people they know to help them become parents, as the law in the
UK is updated.
The Human Fertilisation and Embryology Act will be amended via a
statutory instrument to allow people with non-transmissible HIV –
with a viral load low enough not to pass on – to donate eggs or
sperm, known as gametes, as part of fertility treatment to
someone they know.
Under current rules on in vitro fertilization (IVF), only a male
partner with HIV can give their sperm to their female partner and
not to anyone else.
The law change will also eliminate extra screening costs for
female same-sex couples undertaking reciprocal (shared
motherhood) IVF treatment. It is part of wider work to improve
access to IVF for everyone and ensure same-sex couples have the
same rights as a man and woman when trying to conceive.
Health Minister said:
“These changes will allow more people to fulfil their dream of
becoming parents.
“We have changed the law to ensure equality for people living
with HIV and female same-sex couples in accessing IVF with no
extra screening costs, the same as heterosexual
couples.
“These changes will help create a fairer system by removing
barriers to accessing fertility care as we have set out in the
Women's Health
Strategy .”
The changes to the law allow people with HIV to donate their
gametes to family, friends and known recipients provided
that:
- They have a sustained viral load of less than 200 per
millilitre ('undetectable viral load'), meaning that HIV cannot
be passed on
- They have been receiving antiretroviral treatment for at
least six months prior to donation; and
- The known recipient is aware of their HIV diagnosis and
provides informed consent.
The regulations include an updated definition of partner donation
to enable female same-sex couples wishing to donate eggs to each
other (reciprocal IVF) to undergo the same testing requirements
as heterosexual couples.
Under current rules, female same-sex couples hoping to conceive
via reciprocal IVF must first go through screening for syphilis
and genetic screening, such as cystic fibrosis, which can cost
over £1,000 while heterosexual couples do not need to undergo
this screening.
Julia Chain, chair of the HFEA, said:
“The HFEA welcomes the news that legislation regarding partner
donation in relation to reciprocal IVF, and gamete donation from
those who have HIV with an undetectable viral load, has now been
proposed in Parliament. Fertility treatment is helping more
people than ever to create their family, and everyone undergoing
fertility treatment should be treated fairly.
“For known donation from individuals with undetectable HIV, we
anticipate that the first clinics may be able to begin to offer
this treatment around three months following a change in the law.
“We encourage any patients or donors who may be affected by these
changes to visit the HFEA website to find out
free and impartial information, including about how to choose a fertility clinic”
Professor Kevin Fenton said:
“The amendment to the act will help to benefit hundreds of
couples, including same-sex male couples in a surrogacy where one
or both have HIV, female same-sex couples planning shared
motherhood and those seeking known donation from a friend or
relative with HIV.
“The government has taken steps to ensure
greater IVF transparency in England through an accessible tool on
GOV.UK to allow people to look up information
about NHS-funded IVF treatment in their area. “
Minister for Equalities, MP, said:
"Treatment for HIV has improved significantly, saving countless
lives, but the stigma surrounding it persists - a stigma which
often prevents people from getting tested and seeking treatment.
These changes will help to reduce that stigma, making it clear
that people with HIV can live full and happy lives.
"I am delighted by these changes which will both enable more
people to experience the joy of becoming parents."
The amendment to the act will help to benefit hundreds of
couples, including same-sex male couples in a surrogacy where one
or both have HIV, female same-sex couples planning shared
motherhood and those seeking known donation from a friend or
relative with HIV.
We anticipate that the first clinics will be able to offer this
treatment for people with undetectable HIV around three months
following a change in the law.
The government has taken steps to ensure greater IVF transparency
in England through an accessible tool on GOV.UK to allow people
to look up information about NHS-funded IVF treatment in
their area.
Notes to editors:
