Overview

The Human Fertilisation and Embryology Act 2008 amended the 1990 Human Fertilisation and Embryology Act and the 1985 Surrogacy Arrangements Act. It clarifies parentage in cases involving assisted reproduction and makes provisions for mitochondrial donation.

Description

The Act significantly alters the 1990 Act, primarily by:

• Defining key terms: Provides more precise definitions of "embryo," "gamete," and "nuclear DNA," particularly in relation to mitochondrial donation and the use of non-human genetic material.
• Regulating embryo research: Sets stricter rules around the creation and use of embryos, including human admixed embryos (those with both human and animal genetic material), and specifies permitted uses for research.
• Strengthening the Human Fertilisation and Embryology Authority (HFEA): Grants the HFEA additional functions, including setting general principles for regulated activities and promoting compliance, and clarifies its powers to delegate functions.
• Licensing: Updates licensing conditions, particularly around the provision of counselling and information to those undergoing fertility treatment.
• Parenthood: Establishes legal frameworks for determining parenthood in cases involving assisted conception, including situations involving married couples, civil partnerships, and cases where one parent dies before the child's birth. This section specifies who is legally considered a mother or father (or parent) under specific circumstances of assisted reproduction. It provides a process for parental orders. It also addresses egg donation and surrogacy arrangements.
• Mitochondrial donation: Allows for the use of mitochondrial donation to prevent the transmission of serious mitochondrial diseases, requiring specific regulations.
• Information disclosure: Amends rules around the disclosure of information on the HFEA register, balancing the right to access information with the need to protect the identities of involved parties.

Government Spending

The Act does not provide specific figures on government spending. However, it is likely to have incurred costs associated with implementing the new regulations and supporting the HFEA's expanded role. The long-term impact on spending is uncertain, depending on the demand for licensed activities and the administration of new provisions.

Groups Affected

• Individuals undergoing fertility treatment: May experience changes to the counselling and information they receive.
• Parents of children conceived through assisted reproduction: The Act clarifies legal parentage, potentially impacting inheritance, child support, and other legal rights.
• Researchers working with embryos and genetic material: Face new regulations and licensing requirements for their work.
• The HFEA: The Act expands their responsibilities, requiring increased resources and oversight.
• Surrogates: The Act clarifies surrogacy arrangements, particularly concerning non-profit organizations.
• Children born through assisted reproduction: Their legal parentage and access to information about their genetic origins may be affected.

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