ABSTRACT

This chapter examines the jurisprudence of the UK courts and the CJEU and identifies that despite the increasing normality of undergoing ART treatments, this has not yet resulted in its acceptance and/or recognition within equality law frameworks. This examination exposes not only the limitations in the current legal frameworks but also the potential to re-examine the boundaries, particularly in the UK, where steps have already been taken in the context of childcare rights. This is particularly the case when an intersectional analysis of equality law is adopted. The examination of the literature on multidimensional and intersectional discrimination identifies that Schiek’s intersecting nodes model offers a useful analytical lens through which to re-examine the boundaries of equality law. The intersecting lenses of gender and disability are used to frame the subsequent analyses of the equality law frameworks to include those undergoing treatment within their scope.