By Holly Chapman
TW: homophobic laws, infertility.
Where someone struggles with fertility and has to reach out for help when wanting to conceive, members of the LGBTQ+ community follow similar steps in their difficult journey towards parenthood. Unfortunately, their rights to conceive or have children in general, have been protested in the past. It was only in 1967 that The Sexual Offences Act decriminalized sex between two men over 21 in a private space! The Adoption and Children Act (2002) allowed unmarried couples, including same-sex couples, to apply for joint adoption. Thought it was only in 2007 that this law changed in Scotland as well. This was a big step, considering same-sex marriages were not yet legalised and their equality only came into force in 2013 for England and Wales, 2014 in Scotland and 2020 in Northern Ireland underneath the Same Sex Couples Act. It is clear this is a long journey which still has so much further to go.
Donor insemination
Single or in a relationship, donor insemination is completed through the process of IUI (Intrauterine Insemination) where sperm is injected into the uterus where eggs are fertilised naturally. Costs range from ┬ú3,000-┬ú4,000 for each cycle of IUI and some fertility treatment centres have a fixed price for three or more cycles of IUI. It wasnÔÇÖt until 2008 that the Human Fertilisation and Embryology Act recognised same-sex couples as legal parents of the children conceived through donated sperm, eggs or embryos. This meant that same sex couples whom go through a licensed clinic will both be classed as legal parents whom are civil partners or not. If non-civil partners do not go through a licensed clinic, the non-birth mother must legally adopt the child to obtain parental rights. The difference between IUI and IVF lies with the fact that IUI is not as invasive, whereas IVF sees the eggs removed and fertilised with donor sperm in a lab. Also, IVF can only be used once IUI has been unsuccessful more than 6 times, and the NHS can fund a round of IVF, if you are eligible. IVF has a higher success rate than IUI. Whilst these methods are majorly used by female couples, male couples can use an egg donor/surrogate to become parents.
However, social media and Tik Tok stars Megan Bacon-Evans, 34, and her wife Whitney, 33, from Windsor in Berkshire, have accused their clinical commissioning group (CCG), Frimley, of penalising them financially because of their sexuality. This is due to women having to prove ÔÇÿmedical infertilityÔÇÖ that they have tried, and paid for, 12 rounds of IVF or IUI before seeking NHS help. This would cost up to ┬ú30,000. In contrast, heterosexual women are only required to try to conceive for two years before NHS funding. Even denying discrimination, organisations like CCG are making it harder for same-sex couples to conceive on top of what they already have to overcome.
‘In contrast, heterosexual women are only required to try to conceive for two years before NHS funding. Even denying discrimination, organisations like CCG are making it harder for same-sex couples to conceive on top of what they already have to overcome’
Surrogacy
Used among straight couples too, surrogacy is a method used for couples who cannot bear their own child, and seek out a woman willing to do this. However, it is illegal to advertise for a surrogate where no financial benefits should be paid to them, other than reasonable expenses. The surrogate will then relinquish her parental status after the birth. Whilst this is most common in male same-sex couples, single men, women and same-sex female couples also use this method to try for a baby if they are unable to carry a pregnancy. This is a difficult process in terms of the law, where you must apply for a ÔÇÿparental orderÔÇÖ to acquire parenthood within 6 months of the birth. Following the granting of a parental order, a new birth certificate will be issued with the applicant/s as the childÔÇÖs parent/s.
Adoption and fostering
The Adoption and Child Act (2002) came into effect on 30th December 2005. In addition, the Equality Act 2010 protects LGBTQ+ couples from discrimination, where adoption agencies cannot turn you away due to fact that they are LGBTQ+. This process is lengthy and thorough, where the applicant/s will be assessed and in result, if successful, reach the matching process. If the match is successful, an application can be made to court for an adoption order. The court is left to make the final decision. Fostering is also available for LGBTQ+ couples, or singletons, where a young person can stay if their home-life is too dangerous or donÔÇÖt have a place to stay at all. For some people, fostering is a route into adoption.
Co-parenting
This is when two people, whom are not in a relationship, agree to have a child and share parenting. This means that the biological mother and father will be the two legal parents, although they may have their own partners and the child could have multiple parents. However, the UK a child can only have two legal parents. The Human Fertilisation and Embryology Act (2008) set out who a child’s legal parents will be when they are conceived through artificial insemination. It allows co-parenting for same-sex couples.
A man who donates sperm to a single woman would be classed as the biological father, even whilst in a same-sex couple. His partner may also be able to require parental status for example a parental responsibility agreement. With married/civil-partnership female couples, it is a lot more complex and the sperm donor would not be classed as the biological father and would have to apply for parental responsibility. These situations are very complex and would need legal advice.
It is not enough, it is not equality
Furthermore, it is clear in my research that, Trans and non-binary rights to conceive are blurred and this is where there is room for further change and understanding from places like NHS, Stonewall UK and the general law. Whilst educating, it is shocking the hurdles LGBTQ+ couples must overcome in order to conceive and/or become parents. What also shocked me was the difficulty of actually finding out how to become parents as an LGBTQ+ couple without excessive research and legal advice.
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