Whitney and Megan Bacon-Evans welcome Frimley ICB commitment to new IVF policy for same-sex couples

Fertility equality campaigners Whitney and Megan Bacon-Evans are withdrawing their judicial review legal challenge against NHS Frimley Integrated Care Board (formerly known as NHS Frimley Clinical Commissioning Group) following its commitment to introduce a new policy which intends to tackle inequality faced by same-sex female couples in accessing NHS funding for fertility treatment.

Whitney and Megan, campaigners and social media influencers known collectively online as ‘Wegan’, say they will keep the pressure on Frimley ICB to change its discriminatory policy and will continue to campaign for fertility treatment equality.


Megan and Whitney Bacon-Evans

Whitney and Megan have agreed to withdraw from their judicial review legal challenge based on the following commitments from the NHS board:

• Frimley ICB intends to introduce a ‘New Policy’
• Frimley ICB is keen to reduce inequality between residents in its localities
• Frimley ICB intends to consult on the contents of the New Policy from November 2023
• It is envisaged that the New Policy will be approved in the New Year
• The Intention of the New Policy is to drop the distinction between heterosexual and same-sex couples
  
  

It is believed that a draft new policy could be ready for review by the Frimley ICB Systems Quality Committee as early as this month. There will then be a period of public consultation likely from November 2023 and it is estimated that the new policy will be approved in 2024.

Whitney and Megan have initiated much positive change and created momentum in discussions surrounding fertility inequality since they launched their judicial review legal challenge against Frimley ICB in October 2021.

The couple have secured huge public interest since the start of their campaign, including appearances on BBC news, Women’s Hour and in the Guardian. They are an influential online presence with over 500,000 followers combined, allowing for their message of equality to reach a huge audience and put pressure on the government to make IVF policy changes.

Whitney and Megan’s legal claim challenged the Frimley ICB policy that same-sex female couples (where the woman who wished to become pregnant has no diagnosed infertility) must self-fund 12 rounds of artificial insemination, six of which must be intra-uterine insemination (IUI) in a clinical setting, before they can qualify for NHS-funded in-vitro fertilisation. The barriers faced by same-sex female couples are much greater than that of heterosexual couples, who must only prove that they have being trying to get pregnant for two years at no financial cost.

The discussions provoked by Whitney and Megan’s legal claim and their ongoing campaigning contributed to the publication of the Women’s Healthcare Strategy which was announced in July 2022. This national strategy is a big step forward and aims to remove additional barriers to NHS fertility treatment for same-sex female couples, such as the requirement for couples to pay for artificial insemination to prove their fertility status. The strategy also proposes NHS treatment for female same-sex couples, starting with six cycles of artificial insemination, prior to accessing IVF services if required. It also aims to improve transparency on accessibility of IVF so prospective parents can see how their local area performs to address the “postcode lottery” in access to IVF treatment.

When asked about timescales for removing these barriers in a written question in the House of Commons in May 2023 MP Maria Caulfield, Parliamentary Under-Secretary of State for Mental Health and Women's Health Strategy, responded that “We expect the removal of the additional financial burden faced by female same-sex couples when accessing IVF treatment to take effect during 2023”.

Whitney and Megan are represented by Leigh Day solicitor Beatrice Morgan.

Whitney and Megan said:

“This is a great step to achieving fertility equality. We knew that a change this big couldn’t happen overnight and we are pleased that 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 remove the barriers to accessing IVF for same-sex female couples in 2023 leaves us feeling very hopeful for the future of LGBTQ+ families. This is not the end of our campaigning, simply the next chapter. We will continue to ensure that Fertility Equality is achieved.”

Beatrice Morgan said:

“We welcome the commitment from Frimley ICB to introduce a new policy, and we hope that it will do everything in its power to address the inequality currently faced by same-sex couples trying to start a family. Whitney and Megan’s tireless campaigning and perseverance with the legal claim has opened up a space for discussion about this issue and has resulted in notable progress towards removing discriminatory barriers that prevent lesbian couples from accessing fertility treatment.”