Health Minister today published the
Human Fertilisation and Embryology Bill to reform the regulation
of human embryology and ensure that Britain remains a world
leader in medical research. The Bill will not however alter the
model of regulation or the basic foundations of the existing
law.
The Bill updates current regulation of
assisted reproduction and embryo research in the light of
developments in technology and society's attitudes. It will
ensure regulation is fit for purpose, and help maintain the UK's
position as a world leader in reproductive technologies and
research.
The main elements of the Bill
are:
* ensuring that the creation and use of all
human embryos outside the body - whatever the process used in
their creation - are subject to regulation;
* a ban on selecting the sex of offspring for
non-medical reasons;
* retention of a duty to take account of "the
welfare of the child"
when providing fertility treatment, but
removal of the reference to "the need for a
father";
* provisions to recognise same-sex couples as
legal parents of children conceived through the use of donated
sperm, eggs or embryos;
* altering restrictions on the use of
HFEA-collected data to make it easier to do follow-up
research;
* provisions increasing the scope of
legitimate embryo research activities, including regulation of
"inter-species embryos" (embryos combining human and animal
genetic material).
said:
"The UK is a world leader and a good place to
do research. This Bill will allow legitimate medical and
scientific use of human reproductive technologies for research to
flourish in this country, while giving the public confidence that
they are being used and developed sensibly with appropriate
controls in place.
"I believe this Bill will provide clarity and
assurance to patients, researchers, the medical profession, and
the public for years to come."
The Bill needs to move through both the House
of Lords and then the Commons. It will then receive Royal Assent.
It is expected to be in force from early 2009.
Notes To Editors:
1. On 17 May, the government published draft
legislation for pre-legislative scrutiny to revise and update the
Human Fertilisation and Embryology Act 1990. This was set out in
the Human Tissue and Embryos (draft) Bill.
2. The Joint Committee scrutiny report was
published on 1 August.
The way ahead for the Bill was set out in the
Government's response to the Scrutiny Committee report published
on 8 October.
3. The current legislation, the Human
Fertilisation and Embryology Act 1990, is based largely on
consideration and debate that took place in the
1980s.
4. The bill sets out what will be permitted
within the law, it is not a commitment to what will be provided
by the NHS.
5. Main elements of the Bill
Bill Proposals - main elements
-Current Position
Ensuring that the creation and use of all
human embryos outside the body - whatever the process used in
their creation - are subject to regulation.
-Current law refers to fertilisation - sperm
and egg.
A ban on selecting the sex of offspring for
non-medical reasons.
-Currently subject to HFEA guidance i.e. only
allowed for medical reasons
Retention of a duty to take account of "the
welfare of the child"
when providing fertility treatment, but
removal of the reference to "the need for a
father".
-Currently take account of the welfare of the
child, including the need for a father.
Provisions to recognise same-sex couples as
legal parents of children conceived through the use of donated
sperm, eggs or embryos.
-Currently, only the partner who has given
birth to the child is regarded as a legal parent.
Altering restrictions on the use of
HFEA-collected data to make it easier to do follow-up
research.
-Currently, the HFEA has legal restrictions on
what data can be released from the register.
Provisions increasing the scope of legitimate
embryo research activities, including regulation of
"inter-species embryos".
-The current law (the 1990 Act) bans "mixing
of human and animal gametes". It refers to human embryos
only.
6. The Government's response to the Report
from the Joint Committee on the Human Tissues and Embryos (draft)
Bill is available at www.dh.gov.uk
www.dh.gov.uk