Embryology

 

19/05/08 For the latest from FNF on the Human Fertility & Embryology Bill, please see our Press Releases. 

 

 

Following the birth of the first 'test-tube' baby in 1978 and the report of the Warnock Committee in 1984 the Government legislated to establish control of technological advances under the Human Fertilisation and Embryology Authority.

The Human Fertilisation and Embryology Act 1990 regulates treatment, which has far-reaching legal, social and ethical implications as well as an affect on family life. The Act covers fertility treatment involving the use of donated eggs or sperm (collectively known as 'gametes') or embryos created outside the body ('in vitro fertilisation') and also covers storage and research.

Section 13(5) of the Human Fertilisation and Embryology Act 1990 states:

"A woman shall not be provided with treatment services unless account has been taken of the welfare of any child who may be born as a result of the treatment (including the need of that child for a father), and of any other child affected by the birth."

In order to comply with the 'need for a father' it is normal for treatment to require the consent and participation of a man and a woman. Where they are married, any resulting child will be considered a 'child of the marriage' and the husband will have Parental Responsibility by default.

Where the couple are unmarried, the 'father' has only six months following the birth to make a Parental Responsibility Agreement with the mother. Not all consultants make this fact clear, and Parental Responsibility cannot be ordered if agreement is refused by the mother.

Where the man has given consent to treatment the woman may continue to receive treatment independently unless that consent is explicitly withdrawn. Where a child is born outside marriage and no PR Agreement has been made then the child is legally fatherless, and section 28(4) states:

"No other person is to be treated as the father of the child"

Sperm donors under the regulated service have anonymity and immunity from child support legislation. Children born by this method do not have a right to know their parentage.

For more information contact the Human Fertilisation and Embryology Authority. See also the Department of Health pages dealing with embryology, surrogacy and genetics.

The Human Genetics Commission monitors and reviews developments in human genetics and related fields. The HGAC reports on issues which may have wider social or ethical consequences (e.g. human cloning) and advises on "ways to build public confidence in, and understanding of, the new genetics".

Read the article 'Not So Brave New World' first published in McKenzie 40, April 1999.

See also 'The Birds and The Bees (and The Geraniums)'  (August 1999).

Updated 29-02-2000