What is IVF treatment?
For many, IVF treatment offers hope of achieving a successful pregnancy.
In vitro fertilisation (IVF) is a process by which egg cells are fertilised by sperm outside the body. The fertilised egg is then transferred into a woman’s uterus with the aim of establishing a successful pregnancy. Success rates depend upon a range of factors, including age and quality of the eggs and sperm in question.
IVF treatment can be combined with the use of donor eggs or sperm or donated embryos and can be undergone in conjunction with surrogacy.
Funding the cost of IVF treatment
IVF treatment costs can be paid for:
- on the NHS if you qualify for funding (the eligibility criteria currently varies across England)
- on a privately paying basis at a UK licensed fertility clinic
- on a privately paying basis abroad
Costs vary from clinic to clinic, depending upon the precise nature of the treatment, and can typically cost between £3,000 – £8,000 per cycle on a privately paying basis.
IVF funding policy varies significantly amongst PCTs across England, coining the phrase ‘the IVF postcode lottery’. The National Institute for Clinical Excellence (NICE) has issued updated guidance (February 2013) stating that PCT’s across England should offer women funding for three cycles of IVF on the NHS if:
Women under 40
- the woman is aged under 40 and
- she has tried unsuccessfully for a baby for two years or undergone 12 cycles of artificial insemination (at least 6 being IUI) or
- immediate access to IVF treatment if she has no chance of achieving a pregnancy
Women aged 40-42
- the woman is aged 40-42 years and
- she has tried unsuccessfully for a baby for two years or undergone 12 cycles of artificial insemination (at least 6 being IUI) or
- immediate access to IVF treatment if she has no chance of achieving a pregnancy provided also:
- she has never previously had IVF and
- she has no evidence of low ovarian reserve and
- she has had discussions about the additional age related implications of IVF treatment and pregnancy.
However, a government report issued in June 2011 confirms that 73% of PCT’s across England are not offering funding for 3 cycles of IVF funding on the NHS, with many offering only 1 cycle and some none at all. Many PCT’s have also introduced restrictive eligibility criteria based on age, weight, smoking and children from a previous relationship.
Louisa Ghevaert acted for a couple who won a rare legal victory against their PCT and secured funding for IVF treatment on the NHS, when they were initially refused funding due to the husband’s child from a previous relationship and the wife’s age. Their story offers hope to others struggling with infertility and received coverage in The Telegraph, The Portsmouth News and on BBC South Today television in December 2011. See our media coverage and video sections for further information.
Do I need legal advice if I want to undergo IVF treatment ?
If you plan to undergo IVF treatment you should obtain expert legal advice:
- As a solo mother – click here for more information.
- If you intend to conceive with a known donor – click here for more information.
- If you intend to enter into a co-parenting arrangement – click here for more information.
- If this will be in conjunction with surrogacy – click here for more information.
- To execute a Will to provide for your child – click here for more information.
How we can help
We can help in a range of ways if you plan to undergo IVF treatment and can:
- advise on your legal status if you undergo IVF treatment and you have complex personal circumstances (eg if you are married/in a civil partnership but separated from your partner or have recently formed a new relationship)
- advise on the relevant legal issues if you are conceiving with a known donor or a co-parent
- prepare a known donor or co-parenting agreement to protect you and your known donor/co-parent
- advise and prepare a Will to help protect your child legally and financially
- advise and provide legal representation if a dispute arises with your partner, known donor, co-parent following IVF treatment
- provide safe storage of your donor’s details if you conceive abroad or by private arrangement
If you would like to discuss your situation in more detail or you would like more information about the legal issues associated with IVF treatment please email us fertilityandparenting@porterdodson.co.uk or call +44 (0)207 222 1244.
+44 (0)207 222 1244
