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Lesbian couple win fertility bid | Lesbian couple win fertility bid |
(about 2 hours later) | |
A lesbian couple have won the right to NHS treatment to help them have a baby after threatening to sue health chiefs. | A lesbian couple have won the right to NHS treatment to help them have a baby after threatening to sue health chiefs. |
NHS Greater Glasgow and Clyde (GGC) had 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. |
The health board said it had reviewed its position in light of regulations, including the Equality Act. | The health board said it had reviewed its position in light of regulations, including the Equality Act. |
The women, who were suing the health board for treatment costs, said they had not yet been offered a settlement. | |
The couple claimed they had run up costs of £20,000 during unsucessful private fertility treatment, after being refused NHS help. | |
They 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. | 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. | 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'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 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. | 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 IVF treatment in February last year, which was also unsuccessful. | Ms Harris tried six intrauterine insemination treatments at a Nuffield Hospital without success 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. |
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". |
Eligibility rules | Eligibility rules |
Ms Harris and Ms McMullan claimed the rules governing access to IVF treatment make no reference to only heterosexual couples getting treatment. | 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 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 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 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." | "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." |