Human Fertilisation and Embryology Act 2008
2008 c. 22 · Enacted 13 November 2008 · Extends to United Kingdom
An Act to amend the Human Fertilisation and Embryology Act 1990 and the Surrogacy Arrangements Act 1985; to make provision about the persons who in certain circumstances are to be treated in law as the parents of a child; and for connected purposes.
[13th November 2008]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Contents
- Part 1: Amendments of the Human Fertilisation and Embryology Act 1990
- Principal terms used in the 1990 Act
- 1Meaning of “embryo” and “gamete”
- 2Meaning of “nuclear DNA”
- Activities governed by the 1990 Act
- 3Prohibitions in connection with embryos
- 4Prohibitions in connection with genetic material not of human origin
- The Human Fertilisation and Embryology Authority
- 5Membership of Authority: disqualification and tenure
- 6Additional general functions of Authority
- 7Duties in relation to carrying out its functions
- 8Power to contract out functions etc.
- 9Power to assist other public authorities
- 10Power to delegate and establish committees
- Scope of licences
- 11Activities that may be licensed
- Licence conditions
- 12General conditions of licences
- 13Consent to use or storage of gametes, embryos, human admixed embryos etc.
- 14Conditions of licences for treatment
- 15Conditions of storage licences
- Grant, revocation and suspension of licences
- 16Grant of licence
- 17The person responsible
- 18Revocation and variation of licence
- 19Procedure for refusal, variation or revocation of licence
- 20Power to suspend licence
- 21Reconsideration and appeals
- Directions and guidance
- 22Directions
- 23Code of practice
- Information
- 24Register of information
- 25Restrictions on disclosure of information
- Mitochondrial donation
- 26Mitochondrial donation
- Miscellaneous
- 27Fees
- 28Inspection, entry, search and seizure
- 29Offences under the 1990 Act
- 30Regulations under the 1990 Act
- 31Power to make consequential provision
- 32Orders under the 1990 Act
- Part 2: Parenthood in cases involving assisted reproduction
- Meaning of “mother”
- 33Meaning of “mother”
- Application of sections 35 to 47
- 34Application of sections 35 to 47
- Meaning of “father”
- 35Woman married to , or civil partner of, a man at time of treatment
- 36Treatment provided to woman where agreed fatherhood conditions apply
- 37The agreed fatherhood conditions
- 38Further provision relating to sections 35 and 36
- 39Use of sperm, or transfer of embryo, after death of man providing sperm
- 40Embryo transferred after death of male spouse, civil partner or intended parent who did not provide sperm
- 41Persons not to be treated as father
- Cases in which woman to be other parent
- 42Woman in civil partnership or marriage to a woman at time of treatment
- 43Treatment provided to woman who agrees that second woman to be parent
- 44The agreed female parenthood conditions
- 45Further provision relating to sections 42 and 43
- 46Embryo transferred after death of female spouse, civil partner or intended parent
- 47Woman not to be other parent merely because of egg donation
- Effect of sections 33 to 47
- 48Effect of sections 33 to 47
- References to parties to marriage or civil partnership
- 49Meaning of references to parties to a marriage
- 50Meaning of references to parties to a civil partnership
- Further provision about registration by virtue of section 39, 40 or 46
- 51Meaning of “relevant register of births”
- 52Late election by mother with consent of Registrar General
- Interpretation of references to father etc. where woman is other parent
- 53Interpretation of references to father etc.
- Parental orders
- 54Parental orders: two applicants
- 54AParental orders: one applicant
- 55Parental orders: supplementary provision
- Amendments of enactments
- 56Amendments relating to parenthood in cases involving assisted reproduction
- General
- 57Repeals and transitional provision relating to Part 2
- 58Interpretation of Part 2
- Part 3: Miscellaneous and General
- Miscellaneous
- 59Surrogacy arrangements
- 60Exclusion of embryos from definition of “organism” in Part 6 of the EPA 1990
- General
- 61Orders and regulations: general provisions
- 62Orders and regulations: parliamentary control
- 63Meaning of “the 1990 Act”
- 64Power to make consequential and transitional provision etc.
- 65Minor and consequential amendments
- 66Repeals and revocations
- 67Extent
- 68Commencement
- 69Short title
- Schedule 1: Amendments to Schedule 1 to the 1990 Act relating to membership of the Authority
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Schedule 2: Activities that may be licensed under the 1990 Act
- Introductory
- 1Paragraph 1
- Licences for treatment
- 2Paragraph 2
- Embryo testing and sex selection
- 3Paragraph 3
- Licences for non-medical fertility services
- 4Paragraph 4
- Licences for storage
- 5Paragraph 5
- Licences for research
- 6Paragraph 6
- Schedule 3: Consent to use or storage of gametes, embryos or human admixed embryos etc.
- Introductory
- 1Paragraph 1
- 2Paragraph 2
- General requirements as to consent
- 3Paragraph 3
- Terms of consent
- 4Paragraph 4
- Information to be given to a person giving consent
- 5Paragraph 5
- Variation and withdrawal of consent
- 6Paragraph 6
- Withdrawal of consent to storage: notification of interested persons
- 7Paragraph 7
- Application of consent provisions to non-medical fertility services
- 8Paragraph 8
- In vitro fertilisation and subsequent use of embryo
- 9Paragraph 9
- Use of embryos obtained by lavage etc.
- 10Paragraph 10
- Consents in relation to storage
- 11Paragraph 11
- 12Paragraph 12
- Creation, use and storage of human admixed embryos
- 13Paragraph 13
- Cases where human cells etc. can be used without consent of person providing them
- 14Paragraph 14
- Interpretation
- 15Paragraph 15
- Schedule 4Schedule inserted in the 1990 Act as Schedule 3ZA
- Schedule 5Schedule inserted in the 1990 Act as Schedule 3B
- Schedule 6: Amendments relating to parenthood in cases involving assisted reproduction
- Part 1: General
- Population (Statistics) Act 1938 (c. 12)
- 1Paragraph 1
- Births and Deaths Registration Act 1953 (c. 20)
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 (c. 58)
- 11Paragraph 11
- 12Paragraph 12
- Family Law Reform Act 1969 (c. 46)
- 13Paragraph 13
- Congenital Disabilities (Civil Liability) Act 1976 (c. 28)
- 14Paragraph 14
- 15Paragraph 15
- Legitimacy Act 1976 (c. 31)
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- Magistrates' Courts Act 1980 (c. 43)
- 20Paragraph 20 Repealed
- Supreme Court Act 1981 (c. 54)
- 21Paragraph 21
- British Nationality Act 1981 (c. 61)
- 22Paragraph 22
- Family Law Act 1986 (c. 55)
- 23Paragraph 23
- Family Law Reform Act 1987 (c. 42)
- 24Paragraph 24
- 25Paragraph 25
- Children Act 1989 (c. 41)
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- Human Fertilisation and Embryology Act 1990 (c. 37)
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- Child Support Act 1991 (c. 48)
- 36Paragraph 36
- Family Law Act 1996 (c. 27)
- 37Paragraph 37
- Access to Justice Act 1999 (c. 22)
- 38Paragraph 38 Repealed
- Adoption and Children Act 2002 (c. 38)
- 39Paragraph 39
- Mental Capacity Act 2005 (c. 9)
- 40Paragraph 40
- Part 2: Enactments relating only to Scotland
- Children and Young Persons (Scotland) Act 1937 (c. 37)
- 41Paragraph 41
- Registration of Births, Deaths and Marriages (Scotland) Act 1965 (c. 49)
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- Family Law (Scotland) Act 1985 (c. 37)
- 46Paragraph 46
- 47Paragraph 47
- Children (Scotland) Act 1995 (c. 36)
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- 53Paragraph 53
- 54Paragraph 54
- Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)
- 55Paragraph 55
- Adoption and Children (Scotland) Act 2007 (asp 4)
- 56Paragraph 56
- Part 3: Enactments relating only to Northern Ireland
- Legitimacy Act (Northern Ireland) 1928 (c. 5 (N.I.))
- 57Paragraph 57
- 58Paragraph 58
- 59Paragraph 59
- Births and Deaths Registration (Northern Ireland) Order 1976 (S.I. 1976/1041 (N.I. 14))
- 60Paragraph 60
- 61Paragraph 61
- 62Paragraph 62
- 63Paragraph 63
- 64Paragraph 64
- 65Paragraph 65
- 66Paragraph 66
- Family Law Reform (Northern Ireland) Order 1977 (S.I. 1977/1250 (N.I. 17))
- 67Paragraph 67
- Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22))
- 68Paragraph 68
- Child Support (Northern Ireland) Order 1991 (S.I. 1991/2628 (N.I. 23))
- 69Paragraph 69
- Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2))
- 70Paragraph 70
- 71Paragraph 71
- 72Paragraph 72
- 73Paragraph 73
- 74Paragraph 74
- 75Paragraph 75
- 76Paragraph 76
- 77Paragraph 77
- 78Paragraph 78
- Family Homes and Domestic Violence (Northern Ireland) Order 1998 (S.I. 1998/1071 (N.I. 6))
- 79Paragraph 79
- Schedule 7: Minor and consequential amendments
- Congenital Disabilities (Civil Liability) Act 1976 (c. 28)
- 1Paragraph 1
- Human Fertilisation and Embryology Act 1990 (c. 37)
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- Age of Legal Capacity (Scotland) Act 1991 (c. 50)
- 16Paragraph 16
- Children (Scotland) Act 1995 (c. 36)
- 17Paragraph 17
- Adults with Incapacity (Scotland) Act 2000 (asp 4)
- 18Paragraph 18
- Criminal Justice and Police Act 2001 (c. 16)
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- Human Tissue Act 2004 (c. 30)
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- Mental Capacity Act 2005 (c. 9)
- 25Paragraph 25
- Schedule 8: Repeals and revocations
- 1Repeals
- 2Revocations