{
  "url": "https://openlegislation.uk/human-fertilisation-and-embryology-act-1990/schedule-3/paragraph-10",
  "json_url": "https://openlegislation.uk/human-fertilisation-and-embryology-act-1990/schedule-3/paragraph-10.json",
  "legislation": "ukpga/1990/37",
  "legislation_title": "Human Fertilisation and Embryology Act 1990",
  "legislation_url": "https://openlegislation.uk/human-fertilisation-and-embryology-act-1990",
  "path": "schedule/3/paragraph/10",
  "kind": "paragraph",
  "number": "10",
  "heading": null,
  "text": "(1) The gametes of a person (“P”) may be kept in storage without P's consent if the following conditions are met.\n(2) Condition A is that the gametes are lawfully taken from or provided by P after P has attained the age of 16 years.\n(3) Condition B is that, before the gametes are first stored, a registered medical practitioner certifies in writing that P is expected to undergo medical treatment and that in the opinion of the registered medical practitioner—\n(a) the treatment is likely to cause a significant impairment of P's fertility,\n(b) P lacks capacity to consent to the storage of the gametes,\n(c) P is likely at some time to have that capacity, and\n(d) the storage of the gametes is in P's best interests.\n(4) Condition C is that, at the time when the gametes are first stored, P lacks capacity to consent to their storage.\n(5) Condition D is that P has not subsequently, at a time when P has capacity to give a consent under this Schedule—\n(a) given consent to the storage of the gametes, or\n(b) given written notice to the person keeping the gametes that P does not wish them to continue to be stored.\n(6) In relation to Scotland—\n(a) references in sub-paragraphs (3) and (4) to P lacking capacity to consent are to be read as references to P being incapable, within the meaning of section 1(6) of the Adults with Incapacity (Scotland) Act 2000, of giving such consent,\n(b) the references in sub-paragraphs (3) and (5) to P having capacity are to be read as references to P not being so incapable, and\n(c) that Act applies to the storage of gametes under this paragraph to the extent specified in section 84A of that Act.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 3 paras. 9-11 and cross-heading inserted (1.10.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 3 para. 12; S.I. 2009/2232, art. 2(w)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1990/37/schedule/3/paragraph/10",
    "retrieved_at": "2026-10-29T09:42:58.103804+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}