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The Human Fertilisation and Embryology Act 1990 is an Act of the
Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...
. It created the
Human Fertilisation and Embryology Authority The Human Fertilisation and Embryology Authority (HFEA) is an executive non-departmental public body of the Department of Health and Social Care in the United Kingdom. It is a statutory body that regulates and inspects all clinics in the United ...
which is in charge of human
embryo An embryo is an initial stage of development of a multicellular organism. In organisms that reproduce sexually, embryonic development is the part of the life cycle that begins just after fertilization of the female egg cell by the male spe ...
research, along with monitoring and licensing fertility clinics in the United Kingdom. The Authority is composed of a chairman, a deputy chairman, and however many members are appointed by the UK Secretary of State. They are in charge of reviewing information about human embryos and subsequent development, provision of treatment services, and activities governed by the Act of 1990. The Authority also offers information and advice to people seeking treatment, and to those who have donated
gametes A gamete (; , ultimately ) is a haploid cell that fuses with another haploid cell during fertilization in organisms that reproduce sexually. Gametes are an organism's reproductive cells, also referred to as sex cells. In species that produce ...
or embryos for purposes or activities covered in the Act of 1990. Some of the subjects under the Human Fertilisation and Embryology Act of 1990 are prohibitions in connection with gametes, embryos, and
germ cells Germ or germs may refer to: Science * Germ (microorganism), an informal word for a pathogen * Germ cell, cell that gives rise to the gametes of an organism that reproduces sexually * Germ layer, a primary layer of cells that forms during embr ...
.Human Fertilisation and Embryology Act 1990 - Principal Terms Used
/ref> The Act also addresses licensing conditions, code of practice, and procedure of approval involving human embryos.Human Fertilisation and Embryology Act 1990 - Table of Contents
/ref> This only concerns human embryos which have reached the two cell
zygote A zygote (, ) is a eukaryotic cell formed by a fertilization event between two gametes. The zygote's genome is a combination of the DNA in each gamete, and contains all of the genetic information of a new individual organism. In multicellula ...
stage, at which they are considered "fertilised" in the act. It also governs the keeping and using of human embryos, but only outside a woman's body. The act contains amendments to UK law regarding termination of pregnancy, surrogacy and parental rights.


Human Fertilisation and Embryology Authority and stem cell policy

The Human Fertilization and Embryology Act 1990 regulates ex-vivo human embryo creation and the research involving them. This act established the
Human Fertilisation and Embryology Authority The Human Fertilisation and Embryology Authority (HFEA) is an executive non-departmental public body of the Department of Health and Social Care in the United Kingdom. It is a statutory body that regulates and inspects all clinics in the United ...
(HFEA) to regulate treatment and research in the UK involving human embryos. In 2001, an extension of the Act legalized embryo research for the purposes of "increasing knowledge about the development of embryos," "increasing knowledge about serious disease," and "enabling any such knowledge to be applied in developing treatments for serious disease." The HFEA grants licenses and research permission for up to three years, based on approval of five steps by the Research License Committee.HFEA - Centre for Human Reproductive Science
HFEA policies are reviewed by specialists in the field regularly. After research and literature are reviewed, and open public meetings are held, the summarized information is presented to the Human Fertilisation Embryology Authority.


Policy under review


Sperm and egg donation

Donors must meet certain criteria in order to be eligible for sperm, egg, or embryo donation. The donor can donate for research purposes or fertility treatment. Donors should find a HFEA licensed clinic, or can go through the
National Gamete Donation Trust The National Gamete Donation Service (NGDS), now known as the SEED Trust, raises awareness of the national shortage of sperm, egg and embryo donors in the UK. Its aim is to recruit donors to alleviate the shortage, and it provides information on ...
.


Multiple births as a result of IVF

The HFEA is carrying out a detailed review to determine the best way to reduce the risk of multiple pregnancies with
in vitro fertilization In vitro fertilisation (IVF) is a process of fertilisation where an egg is combined with sperm in vitro ("in glass"). The process involves monitoring and stimulating an individual's ovulatory process, removing an ovum or ova (egg or eggs) ...
(IVF). For example,
Nadya Suleman Natalie Denise Suleman (born Nadya Denise Doud-Suleman; July 11, 1975), known as Octomom in the media, is an American media personality who came to international attention when she gave birth to the first surviving octuplets in January 2009.
(or "Octomom") is publicly known for giving birth to
octuplets A multiple birth is the culmination of one multiple pregnancy, wherein the mother gives birth to two or more babies. A term most applicable to vertebrate species, multiple births occur in most kinds of mammals, with varying frequencies. Such bir ...
after IVF treatment.


Review of scientific methods to reduce mitochondrial disease

This policy allows for the use of techniques which alter the mitochondrial DNA of the egg or an embryo used in IVF, to prevent serious mitochondrial diseases from being inherited.


Past policy reviews

The policies reviewed by HFEA cover everything from human reproductive cloning to the creation of human-animal hybrids, and include subjects such as ethics with scientific and social significance.


Genetic testing

Sperm, eggs and embryos received in the donation process are currently tested for many medical conditions, and also quarantined for six months to reduce the risk of complications to the mother and child. Other than a screening for genetic disorders, donors are tested for
HIV The human immunodeficiency viruses (HIV) are two species of ''Lentivirus'' (a subgroup of retrovirus) that infect humans. Over time, they cause acquired immunodeficiency syndrome (AIDS), a condition in which progressive failure of the immune ...
,
hepatitis B Hepatitis B is an infectious disease caused by the ''Hepatitis B virus'' (HBV) that affects the liver; it is a type of viral hepatitis. It can cause both acute and chronic infection. Many people have no symptoms during an initial infection. Fo ...
, and
hepatitis C Hepatitis C is an infectious disease caused by the hepatitis C virus (HCV) that primarily affects the liver; it is a type of viral hepatitis. During the initial infection people often have mild or no symptoms. Occasionally a fever, dark urine, a ...
.Babycentre - Egg and embryo donation
/ref>


Embryo research

Embryos must be donated by a woman between the ages of 18–35 years old, who has also undergone a medical screening and given informed consent (which can be revoked at any point up until the embryo is used).


Fees and regulation

*£3,000 for extraction and initial freezing *£160 yearly for storage *£4,000-£8,000 total per treatment cycle


Risks of treatment

"Welfare of the Child" review (multiple pregnancy), for people seeking IVF treatment. While there is always a risk of having a multiples pregnancy after receiving IVF treatment, HFEA is reviewing policies which will reduce this dangerous possibility. No more than two eggs or embryos can be legally implanted in a woman in an IVF treatment. There is a 25% success rate of this procedure per treatment cycle.


Clinical safety

Includes safety procedure regulations at fertility clinics; includes safe
cryopreservation Cryo-preservation or cryo-conservation is a process where Organism, organisms, organelles, cell (biology), cells, Biological tissue, tissues, extracellular matrix, Organ (anatomy), organs, or any other biological constructs susceptible to damage ...
of eggs and embryos. Eggs and embryos are stored for ten years after the initial treatment. If the patient decides not to pursue another pregnancy, the eggs and embryos can be donated for research or to another couple for fertility treatments.


Payment of donors

In donor-assisted conception, the donor may not receive any monetary compensation (in the UK), although they may have related expenses covered.


HFEA and liquid nitrogen gamete storage

Sperm, eggs and embryos are stored in
liquid nitrogen Liquid nitrogen—LN2—is nitrogen in a liquid state at low temperature. Liquid nitrogen has a boiling point of about . It is produced industrially by fractional distillation of liquid air. It is a colorless, low viscosity liquid that is wide ...
using cryopreservation (defined as the freezing of cells or whole tissues to sub-zero temperatures—the boiling point of liquid nitrogen). This method preserves living organisms in a state where they can be restored to how they were before freezing. A cryoprotective compound (a liquid called cryopreservation medium), along with carefully controlled cooling and warming cycles ensure that minimal damage is done to the cells. However, the freezing process is still somewhat damaging. Therefore, men wishing to donate sperm or have it stored for future use must make six sperm deposits for every one child they wish to have, due to the 50% survival rate of the sperm in each deposit. The sperm is then put into straw shaped vials, and placed in a storage tank of either liquid nitrogen, or liquid nitrogen vapor. The sub-zero temperatures of the liquid generally range from -150 degrees Celsius, to -196 degrees Celsius. According to HFEA, the storage period for both human gametes and embryos cannot exceed ten years. HFEA requires a full informed consent from each party that has any relation to the egg, gametes, or embryo, all of which must be stored in accordance with their consents. Exceptions to the informed consent of gamete storage: # Consent is not required if the gametes were legally obtained from the person in question before they reached 18 years of age. # Consent is not required if the person in question is about to undergo a medical procedure which could impair their fertility. In this situation, a licensed medical practitioner can sign off for the storage of the gametes. A medical practitioner can also authorize storage of the gametes, if it is believed to be in the person's best interest. # Consent is not required if the person in question is under 16 years of age, and is therefore considered incompetent to give consent. The act states that it is legal to "take" gametes or accept those provided, and store them without a person's consent, if the person is considered incapable, or until they "acquire such capacity." However, under paragraphs 9 and 10 of HFEA 1990, a person's gametes cannot be legally stored in the UK after their death.


Earlier steps and legislation

In July 1982 the Warnock Committee Inquiry was established. It was "to consider recent and potential developments in medicine and science related to human fertilisation and embryology; to consider what policies and safeguards should be applied, including consideration of the social, ethical, and legal implications of these developments; and to make recommendations." The Warnock Report was published on 18 July 1984. The report stated that a regulator was needed due to the 'special status' of embryos. In 1985 the Interim Licensing Authority was created. It was supposed to regulate work and research regarding human in vitro fertilisation until a permanent government legislation was passed. It remained the only authority until 1990. The Unborn Children Protection Bill was also created in 1985. It was written by Enoch Powell and prohibited embryonic research. The Health Secretary would only have been allowed an embryo to be kept and implanted if it was for the sole purpose of assisting a named woman to bear a child. No other reason was allowed. This bill was not passed. It was reintroduced in 1986, where it again failed to pass. This was repeated again 1989. The
Surrogacy Arrangements Act 1985 The Surrogacy Arrangements Act 1985 (c. 49) is an Act of the Parliament of the United Kingdom that prohibits commercial surrogacy arrangements. It received Royal Assent on 16 July 1985. The Act came about as a response to the birth, on 4 Janua ...
was the first law that governed surrogacy arrangements. It criminalized commercial surrogacy arrangements. In 1987 the framework for human fertilisation and embryology was created. A white paper was published in regards to the recommendations of the Warnock Report. In 1990 the Human Fertilisation and Embryology Act 1990 was passed. The
Human Fertilisation and Embryology Authority The Human Fertilisation and Embryology Authority (HFEA) is an executive non-departmental public body of the Department of Health and Social Care in the United Kingdom. It is a statutory body that regulates and inspects all clinics in the United ...
, HFEA, officially started work August 1, 1991.


HFEA coverage

The act covers several areas: # Any and all
fertility treatment Assisted reproductive technology (ART) includes medical procedures used primarily to address infertility. This subject involves procedures such as in vitro fertilization (IVF), intracytoplasmic sperm injection (ICSI), cryopreservation of gametes ...
of humans involving the use of donated genetic material (eggs, sperm or embryos). # The storage of
human egg The egg cell, or ovum (plural ova), is the female Reproduction, reproductive cell, or gamete, in most anisogamous organisms (organisms that reproduce sexually with a larger, female gamete and a smaller, male one). The term is used when the fema ...
s,
sperm Sperm is the male reproductive cell, or gamete, in anisogamous forms of sexual reproduction (forms in which there is a larger, female reproductive cell and a smaller, male one). Animals produce motile sperm with a tail known as a flagellum, whi ...
and embryos. # Research on early
human embryos An embryo is an initial stage of development of a multicellular organism. In organisms that reproduce sexually, embryonic development is the part of the life cycle that begins just after fertilization of the female egg cell by the male sperm c ...
. # The creation of the
Human Fertilisation and Embryology Authority The Human Fertilisation and Embryology Authority (HFEA) is an executive non-departmental public body of the Department of Health and Social Care in the United Kingdom. It is a statutory body that regulates and inspects all clinics in the United ...
, or HFEA, which regulates assisted reproduction in the UK. Within the act an embryo is defined as a live human embryo where fertilisation is complete, complete is defined as the appearance of a two cell zygote.


Storage of human eggs, sperm, and embryos

The act states that eggs, sperm, and embryo can only be stored for a finite amount of time in very specific conditions that are regulated by the
Human Fertilisation and Embryology Authority The Human Fertilisation and Embryology Authority (HFEA) is an executive non-departmental public body of the Department of Health and Social Care in the United Kingdom. It is a statutory body that regulates and inspects all clinics in the United ...
. *
Human egg The egg cell, or ovum (plural ova), is the female Reproduction, reproductive cell, or gamete, in most anisogamous organisms (organisms that reproduce sexually with a larger, female gamete and a smaller, male one). The term is used when the fema ...
s and
sperm Sperm is the male reproductive cell, or gamete, in anisogamous forms of sexual reproduction (forms in which there is a larger, female reproductive cell and a smaller, male one). Animals produce motile sperm with a tail known as a flagellum, whi ...
can be stored for up to ten years. *
Human embryos An embryo is an initial stage of development of a multicellular organism. In organisms that reproduce sexually, embryonic development is the part of the life cycle that begins just after fertilization of the female egg cell by the male sperm c ...
can be stored for maximum of five years.


Research on early human embryos

Research on human embryos can only be performed for specifically defined purposes that must be considered 'necessary and desirable' by the
Human Fertilisation and Embryology Authority The Human Fertilisation and Embryology Authority (HFEA) is an executive non-departmental public body of the Department of Health and Social Care in the United Kingdom. It is a statutory body that regulates and inspects all clinics in the United ...
. Research can only be performed on an embryo for a maximum of fourteen days or until the primitive streak appears. The genetic composition of any cell within the embryo cannot be altered during the embryo's formation for research. The act defined several purposes: * Innovations in infertility treatments * Increasing knowledge regarding miscarriages * Increasing knowledge of congenital disease * Developing more effectual methods of contraception * Generating methods for detecting and identifying gene or chromosomal irregularities in embryos before implantation.


Abortion provisions

Section 37Human Fertilisation and Embryology Act 1990 - Abortion
/ref> of the Act amends the
Abortion Act 1967 The Abortion Act 1967 is an Act of the Parliament of the United Kingdom legalising abortions on certain grounds by registered practitioners, and regulating the tax-paid provision of such medical practices through the National Health Service (NHS ...
. The section specifies and broadens the conditions where abortion is legal. Women who consider abortion are referred to two doctors. Each doctor then advises her whether abortion is a suitable decision based on the conditions listed below. An abortion is granted only when the doctors reach a unanimous decision that the woman may terminate her pregnancy. An abortion that is performed without this decision or under any other circumstances is considered unlawful. Abortion may be granted under one of the following circumstances: The registered medical practitioner that performs the abortion will continue to act in accordance with the
Infant Life (Preservation) Act 1929 The Infant Life (Preservation) Act 1929 is an Act of the Parliament of the United Kingdom. It created the offence of child destruction. The Act retains three sections, the most substantive legal changes of which are in the first section. The B ...
.


Amendments

In 1991 the statutory storage period and special expeditions sections were revisited. Regulations were extended storage periods for eggs and sperm. Licensing rules for egg and sperm storage were also clarified. A Disclosure of Information Act was created in 1992. This allowed the
Human Fertilisation and Embryology Authority The Human Fertilisation and Embryology Authority (HFEA) is an executive non-departmental public body of the Department of Health and Social Care in the United Kingdom. It is a statutory body that regulates and inspects all clinics in the United ...
to disclose information to others with the patient's consent. for example, information could be shared with their general practitioner. The
Criminal Justice and Public Order Act 1994 The Criminal Justice and Public Order Act 1994 (c.33) is an Act of the Parliament of the United Kingdom. It introduced a number of changes to the law, most notably in the restriction and reduction of existing rights, clamping down on unlicensed ...
added section 156. This prohibited the treatment of cells from aborted embryos. During the same year the Parental Orders regulations allowed parental orders to be made in surrogacy cases. In 1996 the permitted storage period for embryos was extended. The
Human Fertilisation and Embryology (Deceased Fathers) Act 2003 The Human Fertilisation and Embryology (Deceased Fathers) Act 2003 (c 24) is an Act of the Parliament of the United Kingdom. The Act amended the Human Fertilisation and Embryology Act 1990 to allow, among other things, a man to be listed in bir ...
amended section 28 in 2000. Sperm may be taken from a deceased male to fertilize an egg if the corresponding man and woman were: *married *living as man and wife *or had been receiving treatment together at a licensed clinic. In 2001 the Human Fertilisation and Embryology Regulations were added. These regulations extended the purposes that an embryo can be created for in regards to research. *Better understanding of embryonic development *Further knowledge of serious disease *research involving the treatment of serious disease In addition, the
Human Reproductive Cloning Act 2001 The Human Reproductive Cloning Act 2001 (c. 23) is an Act of the Parliament of the United Kingdom "to prohibit the placing in a woman of a human embryo which has been created otherwise than by fertilisation". The act received Royal Assent on 4 D ...
was passed. This essential made human reproductive cloning illegal by outlawing the implantation of research embryos. As of 2004 the Disclosure of Donor Information Regulations were formed. Any sperm or egg donors registered after April 1, 2005, were required to pass on name and last address given to the offspring. During this time Parliament began reviewing the Human Fertilisation and Embryology Act 1990.Department of Health - Human Fertilisation and Embryology Act 2008 (Archived)
/ref> Licensing of all establishments handling gametes for treatment was required as of 2007 in the Quality and Safety Regulations. In 2006 a white paper was published regarding a revised legislation for fertility. This led to the
Human Fertilisation and Embryology Act 2008 The Human Fertilisation and Embryology Act 2008 (c 22) is an Act of the Parliament of the United Kingdom. The Act constitutes a major review and update of the Human Fertilisation and Embryology Act 1990. According to the Department of Health th ...
, HFE, being passed. This was a major review of fertility legislation, updating and amending the act of 1990. In 2009 the HFE act was passed. This is the current law in the UK.


See also

*
Human Reproductive Cloning Act 2001 The Human Reproductive Cloning Act 2001 (c. 23) is an Act of the Parliament of the United Kingdom "to prohibit the placing in a woman of a human embryo which has been created otherwise than by fertilisation". The act received Royal Assent on 4 D ...
*
Human Fertilisation and Embryology (Deceased Fathers) Act 2003 The Human Fertilisation and Embryology (Deceased Fathers) Act 2003 (c 24) is an Act of the Parliament of the United Kingdom. The Act amended the Human Fertilisation and Embryology Act 1990 to allow, among other things, a man to be listed in bir ...
*
Human Fertilisation and Embryology Act 2008 The Human Fertilisation and Embryology Act 2008 (c 22) is an Act of the Parliament of the United Kingdom. The Act constitutes a major review and update of the Human Fertilisation and Embryology Act 1990. According to the Department of Health th ...


References


External links

* {{UK legislation United Kingdom abortion law United Kingdom Acts of Parliament 1990 Cloning Medical regulation in the United Kingdom Surrogacy