Social media stars Megan Bacon-Evans, and her wife Whitney, have filed a discrimination case against the National Health Service. This is a landmark legal proceeding, affecting the fertility branch of the NHS, that is designed to focus on the alleged mistreatment of the lesbian couple. The case is based around the NHS’ requirement that same-sex female couples, single women, and transgender people who have a womb must pay for 12 IVF treatments, “proving” medical infertility, before they can receive NHS help to conceive.

However, the vast majority of heterosexual, cisgender couples must only attempt to conceive on their own for two years, before they can receive help to start a family. Because of that, Bacon-Evans and her wife are making the argument that there is a “gay tax” being placed on couples who aren’t in traditional, heterosexual relationships. Right now, the case is in review status. If it passes that, it could be heard in January, 2022. Winning the case would be a big victory for LGBTQ+ individuals and couples in England.

Equality in fertility is a very important aspect of the legal argument the couple is making. How the court sees it could determine many of the legal and fertility rights of couples in the country, and could also spread to other countries where these same kinds of issues are happening. 

Right now, the belief is that single women, transgender people, and same-sex female couples have significant financial barriers, making it hard for them to start and grow their families. Removing these barriers would greatly improve equality.

A review of the sexual health sector was promised in 2019, but has not been completed. The health secretary at that time, however, claimed that there should be no barriers to IVF based on the sexual orientation of the people requesting services.

At The Surrogacy Law Center, we work to help individuals and couples who want to start or grow their families through assisted reproduction. To find out more about protecting your legal rights and your future child’s legal rights throughout the surrogacy process, contact us online or call us at (760) 438-0558 to schedule a consultation in Carlsbad, California today.