A lesbian couple have won the right to NHS treatment to help them have a baby after threatening to sue health chiefs. NHS Greater Glasgow and Clyde (GGC) had denied Caroline Harris and Julie McMullan IVF treatment as they were not classified as an infertile couple. The health board said it had reviewed its position in light of regulations, including the Equality Act. The women, who were suing the health board for treatment costs, said they had not yet been offered a settlement. The couple were claiming £20,000 after unsuccessful private fertility treatment, which followed them being refused NHS help. They had taken their case to the Court of Session in Edinburgh and a judicial review of the decision was due to take place at a later date. The health board at first stood by its refusal, but it has now agreed to offer the couple treatment at an assisted conception unit.
This paper explores cases involving disputes between lesbian parents and known donors with whom informal insemination arrangements were made. It observes that the current legal framework for recognising parents following assisted reproduction is incapable of dealing adequately with known donors, notwithstanding a host of recent developments in the law relating to lesbian parenting. As a result, the case-law exhibits judicial uncertainty and inconsistency about the extent of the recognition to which known donors should be entitled. In spite of the difficulties posed by using known donors, the paper argues that there is a strong case for finding an appropriate way of accommodating them within the legal framework for recognising parents. It explores some of the possible legal responses and highlights their potential advantages and disadvantages from theoretical and practical perspectives.