# Human Fertilisation and Embryology Act 1990, Paragraph 10


(1) The gametes of a person (“P”) may be kept in storage without P's consent if the following conditions are met.
(2) Condition A is that the gametes are lawfully taken from or provided by P after P has attained the age of 16 years.
(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—
(a) the treatment is likely to cause a significant impairment of P's fertility,
(b) P lacks capacity to consent to the storage of the gametes,
(c) P is likely at some time to have that capacity, and
(d) the storage of the gametes is in P's best interests.
(4) Condition C is that, at the time when the gametes are first stored, P lacks capacity to consent to their storage.
(5) Condition D is that P has not subsequently, at a time when P has capacity to give a consent under this Schedule—
(a) given consent to the storage of the gametes, or
(b) given written notice to the person keeping the gametes that P does not wish them to continue to be stored.
(6) In relation to Scotland—
(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,
(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
(c) that Act applies to the storage of gametes under this paragraph to the extent specified in section 84A of that Act.

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Source: https://www.legislation.gov.uk/ukpga/1990/37/schedule/3/paragraph/10 (the official version)
Page: https://openlegislation.uk/human-fertilisation-and-embryology-act-1990/schedule-3/paragraph-10
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.