Current legislation means many people living with HIV in the UK are banned from using fertility treatment to start a family.
The law discriminates against people living with HIV when seeking fertility treatment. This is despite modern science meaning there is now no risk of passing on HIV for those with undetectable viral loads.
Many LGBTQ+ people will rely on surrogacy for starting a family and those living with HIV who want to start a family are therefore disadvantaged. These restrictions also apply to heterosexual couples with different HIV statuses in cases where they require fertility treatment AND whenever a donor is involved.
Wherever an egg is transferred from one woman to another, and wherever a man gives sperm to someone who is not their partner, the gamete provider is a donor under the Human Fertilisation and Embryology Act rules.
Due to modern HIV treatments, there is now no risk of a person with an undetectable viral load passing HIV on sexually to someone else.
Starting a family through fertility treatment is completely safe for people living with HIV. HIV medication is now so effective that people on treatment cannot pass the virus on, and have babies born without HIV. There is no medical reason for this law to exist.