What is the law on sex-selection in IVF treatment in the UK?

The term ‘sex selection’ is used to refer to various processes that allow you to choose the sex of an embryo. Pre-implantation Genetic Diagnosis (PGD) entails going through the IVF process to create embryos which are then analysed to determine their gender. The embryos of the chosen sex are then transferred back into the woman as part of the IVF treatment.

The law requires that PGD should not be used, for social reasons to:

a) select embryos of a particular sex
b) separate sperm samples, or use sperm samples that have been separated, for the purpose of sex selection, or
c) participate in any other practices designed to ensure that a resulting child will be of a particular sex.

People who carry the genes for certain serious medical conditions that are gender-linked genetic disorders can avoid passing the condition on by selecting the sex of their child. For example, Duchenne muscular dystrophy diseases affect boys but not girls, as girls may still ‘carry’ the gene for the disease but they will not suffer from it.

A number of clinics are licensed to offer sex selection for medical reasons using the PGD method. However, it is strictly only allowed under family law for such medical reasons, and not for social reasons such as family planning.

Other methods, such as sperm sorting, are also regulated. (Sperm sorting entails selecting sperm according to whether they carry male or female chromosomes and inseminating a woman or creating IVF embryos with the chosen sperm.) There are only certain forms of sperm sorting that are allowed under UK law; the only method currently permitted in the UK is flow cytometry, which uses fluorescent dye to separate sperm carrying male chromosomes from those carrying female ones. This method, however, is not 100% reliable, so in practice it is not used in the UK.

For further legal advice on sex selection in the UK, you can contact a specialist family law solicitor. A family solicitor can assess your situation and determine if sex selection is legally permissible for you. In addition, if you run into any difficulties, a family solicitor can provide you with legal advice, and represent you if necessary.

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