Discrimination when accessing fertility treatment
Fertility treatments like IVF and IUI are only available in certain situations. You can find out more about getting IVF on the NHS on the NHS Choices website.
All healthcare providers have a duty not to discriminate against you, including:
- medical staff, such as consultants, doctors and nurses
- non-medical staff, like receptionists
- organisations like clinical commissioning groups, which decide who can get fertility treatment
If you think you've been discriminated against when trying to access fertility treatment, you should check whether the discrimination is unlawful.
Check if you've been discriminated against
Follow these steps to check whether unlawful discrimination has taken place:
- why you are being treated unfairly - unfair treatment only counts as unlawful discrimination if it's for certain reasons
- who is treating you unfairly - unfair treatment only counts as unlawful discrimination if it's carried out by certain people
- what kind of behaviour has taken place - only certain types of unfair treatment count as unlawful discrimination
- how is the treatment unfair - you need to identify what kind of discrimination the unfair treatment could be.
It’s only unlawful discrimination if you’re treated unfairly because of:
- gender reassignment
- pregnancy and maternity
- religion or belief
- sexual orientation.
The Equality Act calls these things 'protected characteristics'.
Examples of unlawful discrimination when you want to get fertility treatment
Your doctor or fertility clinic says you can't get fertility treatment
If you’ve been refused fertility treatment because of a protected characteristic, this is direct discrimination under the Equality Act. Direct discrimination is where you're being treated differently and worse than someone else because of who you are.
Your local clinical commissioning group has a rule saying only couples in a stable relationship can get fertility treatment. You’re lesbian and have been refused NHS treatment because the fertility clinic thinks lesbian women can’t be in a stable relationship. This is direct discrimination because of your sexual orientation.
You're disabled and you've been refused fertility treatment
If you're refused fertility treatment because you’re disabled or because of assumptions about your ability to be pregnant or to care for a child, this is likely to be direct disability discrimination. However, if you're refused fertility treatment for medical reasons - for example, if you have a condition which would get worse if you were pregnant, it's not unlawful discrimination.
The NHS and private healthcare providers must also make sure they remove any barriers you may face in accessing fertility treatment when you're disabled, if it’s reasonable to do so - for example, by providing information in Braille or large print. This is called the duty to make reasonable adjustments.
You can ask your healthcare provider to make the necessary changes so you can access or use their services. If a healthcare provider refuses to do this, it’s discrimination and you can take action.
If you’ve been discriminated against you can:
You can get help from the EASS helpline.
The NHS Constitution
Some of your rights as an NHS patient are set out in the NHS Constitution - it says you mustn’t be discriminated against and that NHS staff must treat you with dignity and respect your human rights. GP surgeries and other NHS providers must follow the Constitution. If you've been treated unfairly by healthcare provider you can use the Constitution to make a complaint.