The latest Blood Tissue and Cells legislation revision could change everything.

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Today on the 10th June 2021 a hopeful email was received in our inbox via our friend and ally Dr Carole Gilling -Smith, CEO and Founder of The Agora Fertility Clinic in Brighton. The email in question was from The European Society of Human Reproduction and Embryology (ESHRE), which could greatly benefit the LGBTQ community and those exploring Surrogacy.

ESHRE is a European non-profit organisation with international membership, whose main mission is to promote the study and research of reproductive science and medicine as well as the treatment of infertility. Established in 1984, the Society now comprises of more than 10.000 members and has become the leading Society in reproductive science and medicine worldwide. Their members are medical professionals, scientists and researchers working in reproductive science, reproductive medicine and embryology.

In the field of human reproduction, the use of the terms “donor” and “donation” within a couple having an intimate physical relationship, and where only their own gametes are used is not appropriate. In fertility treatment for these couples, their own gametes are being used, just as in a conception without medical intervention. Therefore, we propose a revision of the definition of “donor” and “donation” for couples using their own gametes. This is also highly valid for patients who are cryopreserving their own reproductive tissues and cells for fertility preservation purposes, for example egg freezing and sperm freezing. When the gametes and embryos of partners within a couple are handled outside the body, we agree this should be regulated. However, ESHRE is of the view that these couples should not be regarded as donors and recipients towards each other in the same context as donation of blood or other types of non-reproductive cells.

Delighted with this common sense approach

We are delighted to read the European Society of Human Reproduction and Embryology (ESHRE) publication today which highlights the current shortcomings in the European legislation with regards to the definition of egg and sperm ‘donors’. Coming as it does during Pride month, this paper, which covers a number of other areas, shows the movement of all professionals involved in assisted reproduction towards celebrating modern family building and embracing inclusivity and diversity. The key points proposed are that the term ‘donor’ and ‘donation’ should not be used within a couple who are having an intimate physical relationship and donating or receiving gametes from each other. In the same way, the term donation should not be applied to individuals freezing their sperm or eggs who may be cis-gender, transgender or non-binary when they plan to use these to conceive with their partner. The paper proposes that the term third party donation should remain (altruistic egg or sperm donation outside of an intimate relationship), which means that same gay male couples would still be treated as third party donors in a surrogacy arrangement.

‘So a couple who are formed of same sex or transgender individuals can be treated in the same way as a heterosexual couple’.

Dr Carole Gilling-Smith

Next steps for those with HIV?

This proposed change of legislation does go some way to opening up opportunities for those who are currently not able to be a biological parents, despite being in an intimate relationship such as same sex women where one partner is HIV positive (people living with HIV are currently excluded from donating). Dr Carole Gilling-Smith passionately adds ‘However, it doesn’t go quite far enough as those living with HIV cannot be biological parents in a surrogacy arrangement as they would still be treated as third party donors’. Supporting those with HIV who wish to turn to Surrogacy as a way to family build is something we’re very passionate about. As part of our missions on our website, Positive Surrogacy is one of the latest and most worthy of all our attention – we want to challenge regulators in the UK and Europe. This would allow those living with HIV and are undetectable to access Surrogacy in the UK. Check our video on the topic here.