The Human Fertilisation and Embryology Act 2008 represents the most radical overhaul of the United Kingdom's embryology laws since the enactment of the original 1990 Act. It is intended to ensure that the legislative framework keeps up with the fast pace of technological, social and medical change. The new Act is a comprehensive amending statute which makes considerable changes to the operation of both the HFEA 1990 and regulation in the area of assisted reproductive technology and embryo research. Major provisions contained in the Act include:

• extending regulation to the creation and use of all embryos outside of the human body, regardless of the processes used in their creation
• increasing the scope of legitimate embryo research activities, allowing hybrid embryos to be created for research into serious diseases
• enforcing a ban on sex selection of offspring for non-medical reasons
• retention of a duty, when providing fertility treatment, to take account of "the welfare of the child", but removal of the reference to ‘the need for a father'
• recognising same-sex couples as legal parents of children conceived through the use of donated sperm, eggs or embryos

Dewinder Birk, Barrister, St Mary's Chambers, Nottingham

• Background
• The New Act
• Activities Governed by the Act
• The Human Fertilisation and Embryology Authority
• The Licensing Structure
• Licences for Treatment
• Licences for Non-medical Fertility Services
• Licences for Storage
• Licences for Research
• The Consent Provisions
• Parenthood in Cases Involving Assisted Reproduction
• Donors and Information
• Miscellaneous Provisions and Amendments to Surrogacy Provisions 

Appendices

• Human Fertilisation and Embryology Act 2008 161
• Human Fertilisation and Embryology Act 1990 (as amended)

The Human Fertilisation and Embryology Act 1990 has stood as the gateway, representing society’s need and desire to regulate the fast moving area of assisted reproductive technology. It was an ambitious and controversial piece of legislation which ensured that the UK effectively embraced the new technology and since its commencement it has endeavoured to keep up with the expansion and advances of clinical science and research.

There is now a new Act, the Human Fertilisation and Embryology Act 2008, which works in conjunction with the previous Act. Therefore, it is necessary to understand the workings of both pieces of key legislation to obtain an appreciation of the current boundaries that will exist in regulation.

The aim of this book is to provide that overview to all of those who work, study or have an interest in this exciting area of medical and healthcare law.

Dewinder Birk
March 2009