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Lesbian couple drop NHS fertility treatment legal challenge

Megan and Whitney Bacon-Evans Megan and Whitney Bacon-EvansMegan and Whitney Bacon-Evans
Whitney and Megan Bacon-Evans launched their legal fight in 2021

A lesbian couple who launched a legal fight over "discriminatory" fertility treatment rules are claiming a victory.

Megan and Whitney Bacon-Evans, from Windsor, launched a judicial review over different requirements for same-sex couples seeking NHS fertility help.

They announced they had withdrawn their legal action, saying NHS Frimley Integrated Care Board (ICB) would be addressing the inequality.

NHS Frimley has been asked for a response.

The influencers, who appeared on TV show Say Yes To The Dress, previously said they were required to undergo 12 rounds of private fertility treatment, costing tens of thousands of pounds, before being eligible for NHS support.

Heterosexual couples who have been trying to conceive for two years are eligible for treatment.

Megan and Whitney Bacon-Evans Megan and Whitney Bacon-EvansMegan and Whitney Bacon-Evans
Megan and Whitney Bacon-Evans say they will continue to campaign for fertility equality

In an Instagram post on Saturday, they said: "Two-and-a-half years after launching legal action, we are pleased to announce that our case has come to an end with a victory.

"We are withdrawing our legal action as Frimley ICB recognise the need to update their policy to remove the inequality between same-sex female couples and cis heterosexual couples.

"This combined with the government's commitment to removing the barriers to accessing IVF (In-Vitro Fertilisation) for same-sex female couples in 2023 leaves us feeling very hopeful for the future of LGBTQ+ families."

In May, when asked about the government's timescale for change, Maria Caulfield, Parliamentary Secretary for Mental Health and Women's Health Strategy, said: "We expect the removal of the additional financial burden faced by female same-sex couples when accessing IVF treatment to take effect during 2023."

Current National Institute for Health and Care Excellence (NICE) guidelines suggest women aged under 40 should be offered three cycles of IVF treatment on the NHS if:

  • They have been trying to get pregnant through regular unprotected sex for two years
  • Or they have not got pregnant after 12 cycles of artificial insemination

However, it is up to individual ICBs to set the policy for their local area.

Megan and Whitney, who run a lifestyle and travel blog, crowdfunded more than £10,000 towards their legal fees.

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