Sperm, egg and embryo donation from people living with HIV with an undetectable viral load

What does the law say about egg, sperm or embryo donation from people living with HIV?

People living with HIV who have ‘undetectable’ levels of the virus (a viral load of 200 copies per ml or less) can donate eggs, sperm and embryos to known recipients (also called ‘known donation’). This is because people with ‘undetectable’ HIV are considered to be ‘untransmittable’ (also known as “U=U”) – in other words, they cannot pass on HIV.

It is not possible for those living with HIV to donate sperm, eggs or embryos to people they don’t know (for example, via a sperm or egg bank), even if the donor has undetectable levels of HIV.

The information on this page relates only to people living with HIV who wish for their eggs, sperm or embryos to either be donated to someone they know or used as part of a surrogacy arrangement. If you are living with HIV and wish to have fertility treatment alone or together with a partner, you should speak to a fertility clinic. You can find a clinic at which to have treatment using our Choose a Fertility Clinic search tool.

Who can I donate to?

If you’re living with HIV and have an undetectable viral load, the law allows you to donate sperm, eggs or embryos to someone you know, such as a friend or family member. This includes people who you have met through introduction agencies or websites with the aim of conceiving, so they can have treatment with your donation at your licensed fertility clinic.

Donors who are known to the person having treatment need to have the same health checks as other donors. However, there is an exception which means that ‘known’ donors can be HIV positive as long as they have sufficiently low levels of the virus in their blood (and other legal requirements are met).

Your fertility clinic will be able to give you more information about the specific testing that will be required for donation in your individual circumstances, including relating to HIV.

How does this apply to surrogacy?

Intended parents who provide eggs or sperm for a surrogacy arrangement need to undergo the same health checks as egg or sperm donors. Because the intended parent(s) are known to the surrogate, someone who is living with HIV with an undetectable viral load can also use their eggs, sperm or embryos in a surrogacy arrangement (provided they meet the other legal requirements).

Your clinic will be able to give you more information about the health checks required to provide eggs, sperm or embryos for a surrogacy arrangement, including relating to HIV.

The HFEA do not regulate most aspects of surrogacy, however we have some general information on our website.

What are the medical requirements?

People living with HIV who wish to donate eggs, sperm or embryos will need to demonstrate that they have a sufficiently low level of the virus in their blood over time. This must be demonstrated through two blood tests - the first blood test must take place between six months and 21 days before the donor provides eggs or sperm, and the second must take place not more than seven days before the donor provides eggs or sperm.

Donors will also need to have been on treatment for HIV (known as antiretroviral treatment) for at least the six months immediately before they donate.

You should speak to your clinic for more information about the tests and how the law applies to your individual situation.

These tests need to take place before the eggs or sperm are used to create an embryo (or before sperm is used in insemination). This means that if you already have embryos in storage that you created as part of a previous cycle of treatment, it may not be possible to donate those embryos or use them in treatment with a surrogate. If this applies to you, you should speak to your clinic for more information.

Donors will still need to undergo other health checks to ensure they can donate – please see our pages on sperm donation and egg donation for more information. We always suggest speaking directly to a clinic about what tests will be required in your specific case.

How much will this treatment cost? Can I access NHS funding?

Unfortunately, there is no straightforward answer to the question of whether you can access NHS funding for fertility treatment. What is available on the NHS is decided locally and so it depends on where in the UK you live. As funding is outside of our remit, we are unable to influence or predict whether funding will be available to you now, or in the future. We would suggest you look at information about NHS funding and the cost of treatment on our website which provides more detail and says where you can go next for further support.

For private fertility treatment, the cost of treatment and donation will likely vary from clinic to clinic. Private fertility clinics are able to set their own costs just like any other private healthcare provider.

We recommend you look around and do as much research as you need to feel comfortable before choosing a clinic and consider a wide range of factors when making your final decision.

Make sure you get a fully costed treatment plan before committing to a clinic. This should include everything from your tests to your drugs. You can find all fertility clinics in the UK on our Choose a Fertility Clinic search tool.

More information about costs and funding is available on the Treatment pages of our website.

Are there any health risks to be aware of?

The law requires that the patient (or surrogate) who is having treatment using the donated eggs, sperm or embryos declares that they understand that the donor has tested positive for HIV, and that they understand any health risks and consent to treatment on this basis. As with any medical procedure, there are risks involved and it is a legal requirement that the clinic discusses this directly with the person having treatment.

Depending on the kind of treatment you are having, there are other important things to bear in mind. Fertility treatment is very safe, however there are some risks to be aware of. You can read more about this on our Treatment pages.

Will I be able to export any eggs, sperm or embryos, or move them to another clinic?

While the law in the UK allows people living with HIV with an undetectable viral load to donate eggs, sperm and embryos, the law in the European Union (EU) is different. In the EU, individuals living with HIV may not donate eggs, sperm or embryos in any circumstances. The law in other countries may also differ from UK law.

This means that if you want to export eggs, sperm or embryos of someone with living with HIV with an undetectable viral load for use in future treatment abroad, you might not be able to do so. Even if this is not something you are considering at the moment, you should bear this in mind in case your plans change. If you are planning to export eggs, sperm or embryos created with the eggs or sperm of someone with undetectable HIV, you should discuss this with your UK clinic as soon as possible so you know what your options are.

Some patients choose to move stored eggs, sperm or embryos to another clinic within the UK. If this is something you are considering, you should speak to your current clinic and the clinic where you want to transport to, to ensure that they have the proper processes in place.

When can fertility clinics start to carry out this kind of treatment and donation?

Within two years of the law change in November 2024 all fertility clinics in the UK will be able to offer this treatment. Many clinics will be able to offer this treatment sooner. You should speak to your clinic to understand whether they are able to accept donors or intended parents who have undetectable HIV. All licensed fertility clinics in the UK and their contact details can be found on our Choose a Fertility Clinic search tool.

How can I start the process of donation or surrogacy?

To start the process, we would suggest finding a clinic offering treatment in a location that suits you using our Choose a Fertility Clinic search tool. Here you can find HFEA inspection ratings as well as patients’ ratings, along with success rates and contact information for every licensed clinic in the UK.

Where can I go for more information and support?

We have general information on our website that might be helpful, including about:

Using a donor as part of your treatment

Being an egg, sperm or embryo donor

Surrogacy

Surrogacy
We listen to, and learn from, those organisations with an interest in what we do and speak to them before making key decisions. Visit the Our Partners page on our website to find organisations who may be able to give helpful information.