Paragraph 9 F1

(1)

The gametes of a person (“C”) may be kept in storage without C's consent if the following conditions are met.

(2)

Condition A is that the gametes are lawfully taken from or provided by C before C attains the age of 18 years.

(3)

Condition B is that, before the gametes are first stored, a registered medical practitioner certifies in writing that C 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 C's fertility, and

(b)

the storage of the gametes is in C's best interests.

(4)

Condition C is that, at the time when the gametes are first stored, either—

(a)

C has not attained the age of 16 years and is not competent to deal with the issue of consent to the storage of the gametes, or

(b)

C has attained that age but, although not lacking capacity to consent to the storage of the gametes, is not competent to deal with the issue of consent to their storage.

(5)

Condition D is that C has not, since becoming competent to deal with the issue of consent to the storage of the gametes—

(a)

given consent under this Schedule to the storage of the gametes, or

(b)

given written notice to the person keeping the gametes that C does not wish them to continue to be stored.

(6)

In relation to Scotland, sub-paragraphs (1) to (5) are to be read with the following modifications—

(a)

for sub-paragraph (4), substitute—

“(4)
Condition C is that, at the time when the gametes are first stored, C does not have capacity (within the meaning of section 2(4) of the Age of Legal Capacity (Scotland) Act 1991) to consent to the storage of the gametes.”, and

(b)

in sub-paragraph (5), for “becoming competent to deal with the issue of consent to the storage of the gametes” substitute “ acquiring such capacity ”.

Annotations

Textual amendments

F1: 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)

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)