The United Kingdom Government has amended the Human Fertilisation and Embryology Act via statutory instrument to allow people with non-transmissible HIV donate sperm or eggs to their patners.
According to statement released by Department of Health and Social Care on Tuesday stating that thousands of same-sex couples with non-transmissible HIV are now able to donate eggs or sperm to partners, giving more people the chance to become parents.
It revealed further that under this 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.
While disclosed that the law change will also eliminate extra screening costs for female same-sex couples undertaking reciprocal (shared motherhood) IVF treatment which 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.
In her reaction, the Health Minister, Maria Caulfield said, these changes will allow more people to fulfil their dream of becoming parents, adding that these changes will help create a fairer system by removing barriers to accessing fertility care as set out in the Women’s Health Strategy .
According to her, “We have changed the law to ensure equality for people living with HIV when accessing IVF, allowing them to donate their eggs and sperm. In addition, the change will allow female same-sex couples to access IVF with no extra screening costs, the same as heterosexual couples”.
Also, the changes to the law allow people with HIV to donate their gametes to family, friends and known recipients provided that: have a sustained viral load of less than 200 per millilitre (‘undetectable viral load’), meaning that HIV cannot be passed on.
That 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 also included an updated definition of partner donation to enable female same-sex couples wishing to donate eggs to each other (reciprocal IVF) 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.
The amendment to the act will help to benefit hundreds of couples, includes 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.
While the Government anticipated 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.
