Handout 5: Human Fertilisation and Embryology Act 1990 and Human Fertilisation and Embryology Authority

Background

The act came about principally as a result of the Warnock Report (1984).

The Warnock Committee was set up by Government following the birth of the first IVF ("test tube" baby) in 1978.

The government thought that the new methods of assisting conception raised legal, social and ethical issues which needed to be addressed.

Areas covered by the Act

Three areas of activity are covered by the Act:

• Treatment which involves the use of donated eggs or sperm (e.g. donor insemination) or embryos created outside the body (IVF) - these are called licensed treatments.
• Storage of eggs, sperm, or embryos;
• Research on human embryos

The Act says: "centers considering treatment must take into account the welfare of any child who may be born or who might be affected by the birth". It also says: "people seeking treatment must be given appropriate information and must be offered counseling".

The Authority (HFEA)

Set up by Parliament. Funded by licensed centers and partly from taxation. The authority has 21 members appointed by the Secretary of State for Health.

Functions of the HFEA

These include:

• To inspect and license centers involved in the activities covered by the Act
• To keep a confidential register of information about donors, patients and treatments. Those over 16 years can find out if they are genetically related to a person they want to marry.
• To publish a code of Practice.
• To give information and advice to those seeking fertility treatment.
• To keep the whole filed under review.

Illegal research

Research on embryos over 14 days old

Leading to the production of identical individuals by genetic replacement.

Attempting to produce embryos by combining the gametes of humans with animals.

For further information on Termination of Pregnancy:

• the UK Clinical Ethics Network web site has a detailed discussion around these issues
• Hope T, Savulescu J, and Hendrick J - Medical Ethics and Law : the Core Curriculum. Edinburgh: Churchill Livingstone, Elsevier Science, 2003. The main text book used for the University of Oxford Medical Ethics and Law course provides more details for both teachers and their students.
• Hope T - Medical Ethics; a Very Short Introduction. Oxford: Oxford University Press, 2004.
• Ashcroft A, Lucassen A, Parker M, Verkerk M, and Widdershoven G - Case Analysis in Clinical Ethics. Cambridge: Cambridge University Press, 2005.