Couple celebrate victory in legal battle against 'gay tax' on fertility treatment
The Guardian|July 22, 2023
A married lesbian couple who launched a landmark legal test case against a branch of the NHS fertility sector in England, prompting a national debate and a major policy U-turn by the government last year, have claimed "victory for equality" after the health service agreed to change its rules.
Alice Hutton
Couple celebrate victory in legal battle against 'gay tax' on fertility treatment

Megan Bacon-Evans, 36, and her wife, Whitney, 35, from Windsor, Berkshire, have formally withdrawn their case at the high court after NHS Frimley integrated care board (ICB) volunteered to give same-sex female couples the same access to fertility treatment as heterosexual couples, following a two-year review.

The YouTubers, known as Wegan, who met online in 2008 and have more than 500,000 followers across their social media platforms, said it was "a great step to achieving fertility equality" that made them "very hopeful for the future of LGBTQ+ families" in Britain.

They added: "When we started out, we didn't think we would achieve equality overnight and the fact that in 2.5 years we went from feeling like this issue was completely ignored, to taking the ICB to the high court, to the government promising to offer equal access to IVF, is beyond what we could have hoped for."

The NHS group, previously Frimley CCG, is due to hold a public consultation on the issue in November.

Minutes from a meeting in September last year suggest they may abolish the requirement for same-sex female couples to pay for private clinics and instead allow them to "self-declare" home insemination attempts to their GPS, like heterosexual couples, but using "unregulated donor sperm".

A draft proposal is expected in the next few months with the rules changed by early 2024.

Frimley ICB said: "We are reviewing our position on assisted conception and will be sharing information as this process continues."

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