The Equality and Human Rights and Equality Commission(EHRC) has revealed it has dropped a planned lawsuit against the NHS on the right for transgender people to have equal access fertility treatment

The equality watchdog said it had agreed to abandon the case after discussions with NHS England.

EHRC had originally argued that by failing to offer fertility treatment to trans patients undergoing gender affirmation treatment, the NHS was infringing on their rights to conceive at a later date, according to Gay Star News.

The commission had said that many trans patients would become infertile through their chosen treatment and many young people would not be able to afford to have sperm or eggs frozen for their own biological children later in life.

Fertility treatment should be offered to ensure there is no discrimination

Rebecca Hilsenrath, EHRC chief executive said the commission was still exploring legal options.

She said: “Our laws and our values protect those who seek treatment for gender dysphoria.

“This means that where appropriate, treatment should be made available in order to ensure that access to health services is free of discrimination.

“A choice between treatment for gender dysphoria and the chance to start a family is not a real choice.”

The commission also raised the point that it was standard for patients with conditions such as cancer patients, that was likely to make them infertile, to have access to fertility treatment.

The NHS said it was ‘pleased’ with the outcome.

Have you been denied access to fertility treatment as a member of the trans community? What was your experience? Email

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