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Paragraph 13 F1

(1)

A human admixed embryo the creation of which was brought about in vitro must not be kept in storage unless—

(a)

there is an effective consent by each relevant person in relation to the human admixed embryo to the storage of the human admixed embryo, and

(b)

the human admixed embryo is stored in accordance with those consents.

(2)

Where a licence authorises the application of paragraph 12(5) in relation to a person who has not attained the age of 18 years (“C”), the effective consent of a person having parental responsibility for C to the storage of a human admixed embryo in relation to which C is a relevant person by reason only of the use of C's human cells is to be treated for the purposes of sub-paragraph (1) as the effective consent of C.

(3)

If C attains the age of 18 years or the condition in paragraph 15(3) ceases to be met in relation to C, paragraph 4 has effect in relation to C as if any effective consent previously given under sub-paragraph (1) by a person having parental responsibility for C had been given by C but, subject to that, sub-paragraph (2) ceases to apply in relation to C.

(4)

Sub-paragraph (1) has effect subject to paragraphs 16 and 20.

Annotations

Textual amendments

F1

Sch. 3 paras. 12-14 and cross-heading inserted (1.10.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 3 para. 13; S.I. 2009/2232, art. 2(w)

Notes on Schedule 3

Textual amendments

F1

Words in Sch. 3 heading substituted (1.10.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 3 para. 2; S.I. 2009/2232, art. 2(w)

Modifications

C1

Sch. 3 modified (10.5.2024) by The Health and Care Act 2022 (Storage of Gametes and Embryos) (Transitional Provision) Regulations 2024 (S.I. 2024/625), regs. 1(1), 2, 3

Commencement

I1

Schedule 3 wholly in force at 1.8.1991 see s. 49(2) and S.I. 1991/1400, art. 2(2)