BASHH celebrates fertility law change to improve choice for people living with HIV

15 May 2024

The British Association for Sexual Health and HIV (BASHH) applauds today’s announcement from the Department for Health and Social Care (DHSC) that new legislation will be enacted to allow egg and sperm donation from people living with HIV to friends, family and other known partners who are not themselves HIV positive. Current antiretroviral therapy enables people living with HIV to achieve an undetectable viral load, meaning that there is no risk of passing on HIV via egg or sperm donation. As a result of today’s announcement, people who were previously restricted in accessing fertility treatment due to their HIV status will soon have the choice to pursue families and become parents as they see fit.

The Human Fertilisation and Embryology Act will be amended by statutory instrument and it is expected that this treatment will become available around three months after the change in the law.

Professor Matt Phillips, BASHH President, commented: “I am incredibly pleased that Parliament and the Department for Health and Social Care have listened to scientific fact in updating the fertility law around egg and sperm donation. This very significant legislative change has been the result of a huge, cross-sector collaborative effort over many years and represents a monumental milestone in breaking down unacceptable barriers that are still faced by people living with HIV. Importantly, this legislation ensures that the choice for people living with HIV to start a family how they want, including through options such as surrogacy, is not taken away from them.”