Can You Appeal an NHS IVF Decision? Your Rights and Next Steps
Access to NHS-funded IVF in the UK can feel like a postcode lottery. If your application for IVF treatment on the NHS is rejected, you may have the right to appeal. This blog explains how NHS IVF eligibility works, what grounds you might have for an appeal, and how to give yourself the best chance of success.
How NHS IVF Eligibility Is Decided
Each local Integrated Care Board (ICB) sets its own criteria. Typical factors include:
- Age (usually under 40)
- Number of existing children
- Body Mass Index (BMI)
- Whether previous private cycles have been undertaken
- How long you’ve been trying to conceive
You can view your local ICB policy on their website or via the HFEA site.
Reasons an NHS IVF Application May Be Refused
- You or your partner have children already (even from previous relationships)
- BMI is outside the ICB’s accepted range
- You’re over the age threshold (typically 40 or 42)
- You’ve previously self-funded IVF cycles
Can You Appeal? Yes — most ICBs allow you to challenge the decision through an appeal process.
You may have grounds for appeal if:
- You’ve been treated unfairly based on outdated or incorrect information
- Exceptional circumstances apply (e.g. medical conditions, genetic disorders, social factors)
- There has been a change in your health status since the decision
How to Start an NHS IVF Appeal
- Request the decision in writing with reasons.
- Submit a formal appeal to your ICB — this may involve a letter or online form.
- Provide evidence, such as medical notes, GP support letters, or documentation proving exceptional need.
- Engage your GP or consultant to support your appeal.
Tips for Strengthening Your Appeal
- Be factual and concise
- Highlight discrepancies or unfair treatment in comparison to others in your region
- Include evidence showing psychological impact or unique personal circumstances
- Get written endorsements from medical professionals
Support Services That Can Help
- Fertility Network UK – offers free guidance
- Citizens Advice – helps with appeals and understanding NHS processes
- Your local MP – in some cases, they may write to the ICB on your behalf
Real-Life Example: After being rejected due to her partner having a child from a previous relationship, Kate submitted an appeal showing that she was medically infertile and had no children of her own. With her GP’s backing, the ICB reversed their decision.
Being turned down for NHS IVF can be devastating, but it’s not always the end of the road. Understanding your rights and presenting a strong, well-supported appeal can make all the difference.
