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Lesbian couple sue over baby row Lesbian couple win NHS baby case
(about 13 hours later)
A lesbian couple from Glasgow is suing health officials for £20,000 over their refusal to help them have a baby. A lesbian couple from Glasgow have won a battle to get help from their local health board to help them have a baby.
NHS Greater Glasgow and Clyde (GGC) denied Caroline Harris and Julie McMullan IVF treatment as they were not classified as an infertile couple. NHS Greater Glasgow and Clyde (GGC) had denied Caroline Harris and Julie McMullan IVF treatment as they were not classified as an infertile couple.
But both women say this amounts to discrimination and are seeking a judicial review of the decision at the Court of Session in Edinburgh. Both women had claimed the decision amounted to discrimination and were suing health officials for £20,000.
The health board denies discrimination on grounds of sexual orientation. The NHS GGC said it had reviewed its position in light of regulations, including the Equality Act.
The couple's case states that in January 2007 they went to their GP and were told they would have to pay for private treatment. The couple had taken their case to the Court of Session In Edinburgh and a judicial review of the decision was due to take place at a later date.
The health board at first stood by its refusal, but it has now agreed to offer the couple treatment at an assisted conception unit.
A spokesman for the board said: "As a couple, these two individuals are biologically incapable of conceiving and the board, therefore, initially took the view that the couple did not meet the necessary criteria to receive NHS-funded treatment.
The board's treatment acceptance criteria were applied to this couple in the same way they would be applied to any couple NHS GGC spokesman
"The board has, however, reconsidered its position in light of other regulations, including the Human Fertilisation & Embryology Act 2008 and Equality Act (Sexual Orientation) regulations 2007, and has now decided to offer treatment to this couple."
The couple's case stated that in January 2007 they went to their GP and were told they would have to pay for private treatment.
Ms Harris tried six intrauterine insemination treatments at a Nuffield Hospital without success and and IVF treatment in February last year, which was also unsuccessful.Ms Harris tried six intrauterine insemination treatments at a Nuffield Hospital without success and and IVF treatment in February last year, which was also unsuccessful.
They went back to their GP who referred them to the local assisted conception unit.They went back to their GP who referred them to the local assisted conception unit.
'Distress and anxiety'
In a letter, a consultant told them last July they did "not fit the criteria" for IVF and "unfortunately as they are a same sex couple they would not be eligible for NHS funded treatment".In a letter, a consultant told them last July they did "not fit the criteria" for IVF and "unfortunately as they are a same sex couple they would not be eligible for NHS funded treatment".
Ms Harris and Ms McMullan claim the rules governing access to IVF treatment make no reference to only heterosexual couples getting treatment. Eligibility rules
Ms Harris and Ms McMullan claimed the rules governing access to IVF treatment make no reference to only heterosexual couples getting treatment.
The Equality and Human Rights Commission took up their case, only to be told that Ms Harris was not infertile, nor was she part of a couple where her partner was infertile.The Equality and Human Rights Commission took up their case, only to be told that Ms Harris was not infertile, nor was she part of a couple where her partner was infertile.
The couple say they have suffered "a substantial degree of distress and anxiety" as well as being put to the expense of paying for private treatment. The NHS GGC spokesman added: "There is national guidance on eligibility for NHS-funded assisted conception, including age, body mass index and an inability to conceive after two years during which there has been sexual intercourse and no use of contraception.
The case will be heard at the Court of Session in EdinburghThey are seeking a judicial review of the NHS GGC's decision to bar them, insisting that the Equality Act and their European Convention rights have been breached. "The board's treatment acceptance criteria were applied to this couple in the same way they would be applied to any couple referred to the assisted conception unit for NHS-funded infertility treatment."
As well as damages, the couple also want a judge to order fertility treatment for Ms Harris.
NHS GGC has stood by its decision to deny the couple IVF treatment, insisting that their expensive "assisted conception services" are for couples who have been trying without success to conceive, in the normal way.
In papers lodged with the court, the health boards says there are already 460 local couples on their list and the waiting time for IVF treatment is 95 weeks.
The court heard that NHS fertility treatment is decided on "social and clinical" criteria.
There should either be a diagnosed medical problem of "failure to conceive after two years during which there has been sexual intercourse and no use of contraception".
According to NHS GGC, Ms Harris and Ms McMullan do not fit the definition of an infertile couple.
A full hearing is expected at a later date.