A woman desperate to become a mother has been refused IVF treatment on the NHS because her partner already has a child from a previous relationship. Now, a furious Charlotte McPhillips, 23, from Rainham in Kent, is taking her case to the European Court of Human Rights in an attempt to force the Government to act. According to Ms McPhillips, she never sees her boyfriend's daughter and insists that having a child is a 'basic human right for a woman'. Charlotte Mcphillips, 23, pictured with partner Robert was told as a teenager she would be unable to conceive naturally because she has polycystic ovary syndrome . 'I hardly have any contact with Eleanor,' she says of partner Robert Howard's four-year-old daughter. 'She lives with her mum and she never stays with us so I don't understand the decision. 'When I was 17 I was told I would get two free goes on the NHS and I wasn't told then that anything would get in the way of that. 'I have already been told that parliament can't do anything and I am willing to go to the European Court to get it. 'It is a basic human right for a woman to have a child and be a mother. Even though I love my stepdaughter, I want a baby of my own.' Ms McPhillips' problems began when she was a teenager and was diagnosed with polycystic ovary syndrome which caused small cysts to grow on her ovaries, preventing her from ovulating. The couple read their letter informing them they cannot have IVF on the NHS as Robert already has a child . Promised IVF by medics at the time, Ms McPhillips thought nothing more of it until, three years after meeting Mr Howard, 24, she decided she wanted to start a family and requested an appointment. But the couple were left devastated when NHS officials told them they were not eligible for IVF because Robert has a child, four-year-old Eleanor, from a previous relationship. Dr Peter Green, chief officer for the Medway Clinical Commissioning Group, sent a letter telling the couple they weren't eligible. 'The eligibility criteria states that where either partner in a couple has a living son or daughter from their relationship or any previous relationship, funding is not available through any of the CCGs in the NHS across Kent and Medway,' he wrote. 'This is irrespective of the age or place of abode of their son or daughter.' The barmaid said she intends to fight the decision denying her the chance to be a mother . 'It is heart-breaking that I can't have children and it was even more devastating when I was told I couldn't have IVF,' says Ms McPhillips. 'Time is running out because I may not be able to produce eggs in a few years' time so I am more determined than ever to get this sorted.' 'It could mean a bitter double whammy as it means my mum may never be a grandmother. Why am I being penalised for a condition that I have through no fault of my own?' Mr Howard, who recently left his job as a supermarket manager, added: 'I have been with Charlotte for three years and we want a baby together.' They have considered going private but say they are unable to afford the £5,000 fee since Mr Howard is unemployed and Ms McPhillips works as a barmaid. Their local Conservative MP Rehman Chishti is supporting them and has said he will back her battle if she takes it to Europe. Guidelines published by the National Institute for Health and Care Excellence (NICE) state all women under 40 should have access to free IVF. They should be referred after two years of trying to get pregnant but if they can only have a baby using the treatment they can start immediately. However the guidelines are voluntary and many local NHS trusts impose their own conditions in a bid to cut costs.
Charlotte McPhillips, 23, unable to conceive naturally as she has PCOS . Applied for IVF when she wanted to have a baby with partner Robert, 24 . Told they are not eligible as Robert has child from previous relationship . His daughter lives with her mother but Ms McPhillips can't afford private . Barmaid now plans to take her case to European Court of Human Rights . She said: 'It is a basic human right for a woman to have a child'