Department of Health, Review of the Human Fertilisation and Embryology Act: Proposals for revised legislation (including establishment of the Regulatory Authority for Tissue and Embryos) (Dec 2006), Cm 6989
This publication is an illustrative text which has been produced to assist the reader. It shows the Human Fertilisation and Embryology Act 1990 as amended by the Human Fertilisation and Embryology Act 2008.
This consultation contains four sets of regulations required to implement the Human Fertilisation and Embryology Act 2008 Three of the sets of regulations are required to add further detail to the provisions in the 2008 Act. These are: the procedure for revocation, variation or refusal of licences regulations the procedure for appeals against licensing decisions regulations, and the procedure for disclosure of information for research purposes regulations. The fourth set of regulations updates the regulations made under the Human Fertilisation and Embryology Act 1990, that relate to the extension of the statutory storage periods for gametes and embryos.
A leading British provider of abortions did not break the law when it told women who wanted late terminations about a clinic in Spain that would perform them, a report by Liam Donaldson, the chief medical officer for England, concluded last week. Professor Donaldson investigated the charity the British Pregnancy Advisory Service (BPAS) after a newspaper reported that it was illegally referring women to Spain for abortions after 24 weeks’ gestation, the limit in Britain for abortions for "social" reasons. Professor Donaldson has decided that BPAS did not break the law by telling women about the Spanish clinic. But he criticised it for giving out the clinic’s telephone number too readily and for not giving appropriate advice to women seeking a late abortion.
A Parental Order transfers parenthood from the surrogate (and her husband or partner if she has one) to the couple who commission the surrogacy arrangement. Parental Orders are currently available to married couples only. The Human Fertilisation and Embryology Act 2008 enables same sex couples and unmarried couples as well as married couples to apply for a Parental Order. Regulations are necessary to set out the processes for the court to grant Parental Orders. This consultation is on the Draft Human Fertilisation and Embryology (Parental Orders) Regulations. They replace the Parental Orders (Human Fertilisation and Embryology) Regulations 1994 and the Parental Orders (Human Fertilisation and Embryology) (Scotland) Regulations 1994. They will bring the processes for granting Parental Orders more closely into line with updated adoption legislation.
A parental order is made by the family courts and reassigns parenthood after surrogacy, extinguishing the responsibility of the surrogate parents and transferring it to the commissioning couple. The process takes place post-birth: the application must be made within the first six months of the child's life (though the surrogate's consent is ineffective until after the first six weeks) and typically takes many months to be processed by the courts. At present, only married couples can apply, but as from 6 April 2010, unmarried and same sex couples will also be eligible. The Department of Health (DH) is currently consulting on new draft regulations which prescribe the detail of this court process, and which will replace existing regulations that have been in place since 1994. The consultation closes on 23 November.
The Labour party is urging the Scottish parliament to take action to standardise IVF provision across Scotland, after Labour MSP Jackie Baillie discovered wide disparities in provision between the 11 Scottish NHS boards. Ms Baillie contacted all of the boards after having been approached by a constituent who was upset about the length of IVF waiting lists where they lived.