National AIDS Trust
Succeeded in changing the law on fertility treatment for same-sex couples with HIV
Until last year, it was illegal for same-sex couples living with HIV to become parents using fertility treatment of any kind. The National AIDS Trust (NAT) campaigned against this law, which did not apply to heterosexual couples with HIV and therefore discriminated against same-sex couples.
The law meant many LGBT+ couples living with HIV were prevented from becoming biological parents through surrogacy, as they were still considered donors even when they were in a relationship and would be the parent of the child.
In 2021, the NAT raised the issue with the then health secretary, who asked the Advisory Committee on the Safety of Blood, Tissues and Organs (SaBto) to review the scientific evidence.
SaBto initially decided there was not enough evidence to justify changing the law, but was convinced to conduct a second review after pressure from the charity and other healthcare organisations.
In June 2023, MP Steve Brine asked in a debate if the government would remove restrictions on people living with HIV accessing fertility treatment after being briefed by the charity. The NAT also approached then health secretary Steve Barclay on social media.
In summer 2023, the charity launched a campaign, which led to 125 people writing to their MP to ask them to lobby Barclay to change the law. Some 1,038 people also signed the charity’s online petition.
The charity then briefed 25 MPs for a debate on fertility treatment provision for LGBT+ people on 24 October 2023.
During this debate, the government announced it would introduce new legislation to allow people with undetectable levels of HIV to donate gametes and access fertility treatment. After a delay caused by the general election and change of government, the law was changed in October 2024 after the necessary debates in the Commons and Lords.
Chair of the Charity Awards judges Chris Sherwood, CEO of NSPCC, said the NAT deserved credit for taking on a niche issue which would not have attracted significant public support, but was nonetheless hugely important to those affected by it. “It was a difficult campaign by a small charity, and they succeeded in getting a change in the law.”
Judge Jehangir Malik said the campaign was important “not only for its vital work in health advocacy and support, but also for its courage in championing equality for same-sex couples”.
CC Reg. no. 297977
