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 do n't understand the decision . 'When I was 17 I was told I would get two free goes on the NHS and I was n't told then that anything would get in the way of that . ' I have already been told that parliament ca n'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 can not 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 were n'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 ca n't have children and it was even more devastating when I was told I could n'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 , 24 , unable to conceive naturally as she has PCOS . Applied for IVF when she wanted to have a baby with partner Robert , 23 . Told they are not eligible as Robert has child from previous relationship . His daughter lives with her mother but Ms McPhillips ca n'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 '