Department of Health opens consultation on Human Fertilisation and Embryology Act 1990 16/8/05. By the Public Health Genetics Unit Acknowledging that the field of embryo research, assisted reproduction and their related technologies is fast-moving one and that the Human Fertilisation and Embryology (HFE) Act 1990 is in need of updating, the Department of Health has launched a consultation.

The consultation seeks views from stakeholders and the public on areas on which the Act should be revised given, "… the rise of new technologies, changes in societal attitudes, international developments and the need to ensure effective regulation." The consultation also takes into account the recent House of Commons Science and Technology Committee's report, Human Reproductive Technologies and the Law.

Background: The Human Fertilisation and Embryology Act (1990)

One of the issues raised is what the law should require in relation to the welfare of the child who may be born as a result of fertility treatment.

Consideration of "…the welfare of the 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 who may be affected by the birth" is an explicit requirement of the Act.

Currently, individuals must undergo an assessment of their suitability to receive treatment, including their commitment to raising children and the environment in which that child will be raised. Critics have noted that, "…the law does not intervene in the reproductive choices of people who are able to conceive naturally, it is therefore discriminatory to intervene where people happen to have fertility problems." Others argue that helping people to reproduce adds a burden of responsibility to the clinicians.

The UK Government is therefore seeking opinions as to whether considering the welfare of the child should be part of the Human Fertilisation and Embryology Act or should be a matter of 'good medical practice' not subject to regulation.

Other issues being explored include statutory maximum storage limits for gametes and embryos, information to be provided to donor-conceived people, surrogacy, sex-selection for non-medical reasons and the general criteria under which embryo screening and selection can be conducted.

News: HFEA seeks opinions on extending embryo screening

The Government plans to regulate Internet services that supply gametes and seeks views on the extent of that regulation. Research using embryos is also discussed. Questions in this area include whether the creation of human-animal hybrid or chimera embryos should be allowed for research purposes, whether the current list of approved research purposes remains appropriate and whether scientists should be allowed to create embryos in order to treat serious disease. At this time, embryos may only be created for research into treatment for serious disease. Also, the consultation lays out plans for the new Regulatory Authority for Tissue and Embryos (RATE) and its functions. In 2008 RATE will replace the Human Fertilisation and Embryology Authority and the Human Tissue Authority.

The consultation ends on 25 November 2005.

Article courtesy of the Public Health Genetics Unit .