The Human Fertilisation and Embryology Act Comes into Force

The 2008 Act responds to changes in society and ensures it is fit for purpose in the 21^st Century.

Government undertook a review of the 1990 Act, bringing legislation up to date with society, and to reflect technological developments, such as new ways of creating embryos. It enables scientists to investigate cures for serious illnesses such as Parkinson’s disease and regulate assisted reproductive treatments.

Public Health Minister Gillian Merron said:

“This landmark legislation ensures that the UK remains at the forefront of scientific advances in this field, now and into the future. The Act has already touched so many lives – ensuring scientists have the opportunity to work on discovering new cures for devastating illnesses, and offering others the chance to have a much wanted family.

“This Act is proof that scientific progress can be balanced with the rights of individuals and proper controls.”

The 2008 Act

·        Ensures that all human embryos outside the body – whatever the process used in their creation – are subject to regulation.

·        Ensures regulation of “human-admixed” embryos, which are created from a combination of human and animal genetic material for stem cell research.

·        Bans sex selection of offspring for non-medical reasons.  This puts into statute a ban on non-medical sex selection which is currently in place as a matter of HFEA policy.  Sex selection is allowed for medical reasons only, for example to avoid a serious disease that affects only boys.

·        Recognises same-sex couples as legal parents of children conceived through the use of donated sperm, eggs or embryos. These provisions enable, for example, the civil partner of a woman who carries a child via IVF to be recognised as the child’s legal parent. These provisions came into force on 6 April 2009.

·        Values the role of all parents by retaining a duty to take account of the welfare of the child in providing fertility treatment, but replaces the reference to “the need for a father” with “the need for supportive parenting”.

·        Revises the restrictions on the use of HFEA-collected data to help enable follow-up research of infertility treatment.

·        Extends the time that embryos can be stored for, to up to 55 years in cases of premature infertility.

The 2008 Act maintains the regulatory system set out by the 1990 Act.

If you would like more detail in this area please get in touch with Damien Bové damien.bove@idaconsultants.com

Damien Bové works as a drug development consultant (pharmaceutical or biotechnology) and regulatory consultant, we work with our clients to define a drug development target, define a drug development strategy, define a regulatory strategy or define a commercial strategy. Our clients are generally raising funds or looking to license out their technology and we help them achieve it. If you want to know more don’t hesitate to get in touch.

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