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The law change will mean thousands of same-sex couples where one or both partners have HIV but an undetectable viral load – meaning it can’t be passed on – can have children.
Until now, the only allowance for HIV was a man giving sperm to a female partner.
Campaigners say it is a “huge win” for both HIV and LGBT+ rights.
Deborah Gold from the National Aids Trust said: “We are now looking ahead to Parliament approving this secondary legislation, and celebrating the huge difference it will bring to lives and choices of LGBT+ people living with HIV who want to start a family.”
People with HIV can now donate sperm or eggs to family, friends and known recipients provided that:
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They have a “sustained, undetectable viral load”
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They have been receiving antiretroviral treatment for at least six months prior to donation; and
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The known recipient is aware of their HIV diagnosis and consents.
Ministers are also scrapping extra screening costs for female same-sex couples undergoing shared motherhood IVF treatment – where one partner provides the egg and the other carries the embryo.
Currently these couples, unlike heterosexual ones, have to get screened for syphilis and have genetic tests for things like cystic fibrosis, which can cost more than £1,000.
Health Minister Maria Caulfield said the changes would create a fairer system and would allow more people to “fulfil their dream of becoming parents”.
Minister for Equalities Stuart Andrew MP said: “Treatment for HIV has improved significantly, saving countless lives, but the stigma surrounding it persists.
“These changes will help to reduce that stigma, making it clear that people with HIV can live full and happy lives.”
Clinics should be able to start doing this in the next few months, the government says.
The Human Fertilisation and Embryology Authority, which regulates clinics, says it will be providing guidance soon to help with the change.
Thanks to antiretroviral drugs, most people living with HIV in the UK have an undetectable viral load in blood and so cannot transmit HIV sexually.
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