Human Fertilisation and Embryology, Act 1990
| Jurisdiction | UK Non-devolved |
Human Fertilisation andEmbryology Act 1990
1990 CHAPTER 37
An Act to make provision in connection with human embryos and any subsequent development of such embryos; to prohibit certain practices in connection with embryos and gametes; to establish a Human Fertilisation and Embryology Authority; to make provision about the persons who in certain circumstances are to be treated in law as the parents of a child; and to amend the Surrogacy Arrangements Act 1985.
[1st November 1990]
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:—
Principal terms used
1 Meaning of ‘embryo’, ‘gamete’ and associated expressions.
(1) In this Act, except where otherwise stated—
(a) embryo means a live human embryo where fertilisation is complete, and
(b) references to an embryo include an egg in the process of fertilisation,
and, for this purpose, fertilisation is not complete until the appearance of a two cell zygote.
(2) This Act, so far as it governs bringing about the creation of an embryo, applies only to bringing about the creation of an embryo outside the human body; and in this Act—
(a) references to embryos the creation of which was brought about in vitro (in their application to those where fertilisation is complete) are to those where fertilisation began outside the human body whether or not it was completed there, and
(b) references to embryos taken from a woman do not include embryos whose creation was brought about in vitro .
(3) This Act, so far as it governs the keeping or use of an embryo, applies only to keeping or using an embryo outside the human body.
(4) References in this Act to gametes, eggs or sperm, except where otherwise stated, are to live human gametes, eggs or sperm but references below in this Act to gametes or eggs do not include eggs in the process of fertilisation.
2 Other terms.
(1) In this Act—
‘the Authority’ means the Human Fertilisation and Embryology Authority established under section 5 of this Act,
‘directions’ means directions under section 23 of this Act,
‘licence’ means a licence under Schedule 2 to this Act and, in relation to a licence, ‘the person responsible’ has the meaning given by section 17 of this Act, and
‘treatment services’ means medical, surgical or obstetric services provided to the public or a section of the public for the purpose of assisting women to carry children.
(2) References in this Act to keeping, in relation to embryos or gametes, include keeping while preserved, whether preserved by cryopreservation or in any other way; and embryos or gametes so kept are referred to in this Act as ‘stored’ (and ‘store’ and ‘storage’ are to be interpreted accordingly).
(3) For the purposes of this Act, a woman is not to be treated as carrying a child until the embryo has become implanted.
Activities governed by the Act
3 Prohibitions in connection with embryos.
(1) No person shall—
(a) bring about the creation of an embryo, or
(b) keep or use an embryo,
except in pursuance of a licence.
(2) No person shall place in a woman—
(a) a live embryo other than a human embryo, or
(b) any live gametes other than human gametes.
(3) A licence cannot authorise—
(a) keeping or using an embryo after the appearance of the primitive streak,
(b) placing an embryo in any animal,
(c) keeping or using an embryo in any circumstances in which regulations prohibit its keeping or use, or
(d) replacing a nucleus of a cell of an embryo with a nucleus taken from a cell of any person, embryo or subsequent development of an embryo.
(4) For the purposes of subsection (3)(a) above, the primitive streak is to be taken to have appeared in an embryo not later than the end of the period of 14 days beginning with the day when the gametes are mixed, not counting any time during which the embryo is stored.
4 Prohibitions in connection with gametes.
(1) No person shall—
(a) store any gametes, or
(b) in the course of providing treatment services for any woman, use the sperm of any man unless the services are being provided for the woman and the man together or use the eggs of any other woman, or
(c) mix gametes with the live gametes of any animal,
except in pursuance of a licence.
(2) A licence cannot authorise storing or using gametes in any circumstances in which regulations prohibit their storage or use.
(3) No person shall place sperm and eggs in a woman in any circumstances specified in regulations except in pursuance of a licence.
(4) Regulations made by virtue of subsection (3) above may provide that, in relation to licences only to place sperm and eggs in a woman in such circumstances, sections 12 to 22 of this Act shall have effect with such modifications as may be specified in the regulations.
(5) Activities regulated by this section or section 3 of this Act are referred to in this Act as ‘activities governed by this Act’.
The Human Fertilisation and Embryology Authority, its functions and procedure
5 The Human Fertilisation and Embryology Authority.
(1) There shall be a body corporate called the Human Fertilisation and Embryology Authority.
(2) The Authority shall consist of—
(a) a chairman and deputy chairman, and
(b) such number of other members as the Secretary of State appoints.
(3) Schedule 1 to this Act (which deals with the membership of the Authority, etc.) shall have effect.
6 Accounts and audit.
(1) The Authority shall keep proper accounts and proper records in relation to the accounts and shall prepare for each accounting year a statement of accounts.
(2) The annual statement of accounts shall comply with any direction given by the Secretary of State, with the approval of the Treasury, as to the information to be contained in the statement, the way in which the information is to be presented or the methods and principles according to which the statement is to be prepared.
(3) Not later than five months after the end of an accounting year, the Authority shall send a copy of the statement of accounts for that year to the Secretary of State and to the Comptroller and Auditor General.
(4) The Comptroller and Auditor General shall examine, certify and report on every statement of accounts received by him under subsection (3) above and shall lay a copy of the statement and of his report before each House of Parliament.
(5) The Secretary of State and the Comptroller and Auditor General may inspect any records relating to the accounts.
(6) In this section ‘accounting year’ means the period beginning with the day when the Authority is established and ending with the following 31st March, or any later period of twelve months ending with the 31st March.
7 Reports to Secretary of State.
(1) The Authority shall prepare a report for the first twelve months of its existence, and a report for each succeeding period of twelve months, and shall send each report to the Secretary of State as soon as practicable after the end of the period for which it is prepared.
(2) A report prepared under this section for any period shall deal with the activities of the Authority in the period and the activities the Authority proposes to undertake in the succeeding period of twelve months.
(3) The Secretary of State shall lay before each House of Parliament a copy of every report received by him under this section.
8 General functions of the Authority.
The Authority shall—
(a) keep under review information about embryos and any subsequent development of embryos and about the provision of treatment services and activities governed by this Act, and advise the Secretary of State, if he asks it to do so, about those matters,
(b) publicise the services provided to the public by the Authority or provided in pursuance of licences,
(c) provide, to such extent as it considers appropriate, advice and information for persons to whom licences apply or who are receiving treatment services or providing gametes or embryos for use for the purposes of activities governed by this Act, or may wish to do so, and
(d) perform such other functions as may be specified in regulations.
9 Licence committees and other committees.
(1) The Authority shall maintain one or more committees to discharge the Authority's functions relating to the grant, variation,...
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