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HFEA welcomes announcement on law changes to IVF provision in the UK

Law change announced regarding partner donation and gamete donation from those who have HIV with an undetectable viral load.

We welcome the Government announcement that the law will be changed regarding partner donation and gamete donation from those who have HIV with an undetectable viral load. Maria Caulfield MP (who has ministerial responsibility for the women’s health and sponsorship of the HFEA) said:

‘I am pleased to announce that, following the advice from the Advisory Committee on the Safety of Blood, Tissues and Organs, the Government will be introducing secondary legislation to allow the donation of gametes by people with HIV who have an undetectable viral load; we will be introducing that as soon as we can. We will also be addressing the current discriminatory definitions of partner donation, which result in additional screening costs for female same-sex couples undergoing reciprocal IVF; again, amendments through statutory instruments will be introduced as soon as possible.’

When the law changes, this will mean in relation to reciprocal IVF that the egg provider will not need the extra screening required for donation. The screening required for IVF includes HIV, Hepatitis B and C and in some instances HTLV (as set out in Standard Licence Condition T50). The extra screening which is required for donation, which for example includes syphilis, chlamydia and genetic screening, for example, for cystic fibrosis would no longer be required (as set out in Standard Licence Condition T52). The Standard Licence Conditions are set out in our Code of Practice.

We do not know when the law will be changed but we will update licensed clinics as soon as we have more information. The current law remains in place until any changes are made.

Review date: 30 October 2025