Human Fertilisation and Embryology Act 2008

Embryo testing and sex selection U.K.

3 U.K. After paragraph 1 insert—

“Embryo testing U.K.

1ZA (1) A licence under paragraph 1 cannot authorise the testing of an embryo, except for one or more of the following purposes—

(a) establishing whether the embryo has a gene, chromosome or mitochondrion abnormality that may affect its capacity to result in a live birth,

(b) in a case where there is a particular risk that the embryo may have any gene, chromosome or mitochondrion abnormality, establishing whether it has that abnormality or any other gene, chromosome or mitochondrion abnormality,

(c) in a case where there is a particular risk that any resulting child will have or develop—

(i) a gender-related serious physical or mental disability,

(ii) a gender-related serious illness, or

(iii) any other gender-related serious medical condition,

establishing the sex of the embryo,

(d) in a case where a person (“the sibling”) who is the child of the persons whose gametes are used to bring about the creation of the embryo (or of either of those persons) suffers from a serious medical condition which could be treated by umbilical cord blood stem cells, bone marrow or other tissue of any resulting child, establishing whether the tissue of any resulting child would be compatible with that of the sibling, and

(e) in a case where uncertainty has arisen as to whether the embryo is one of those whose creation was brought about by using the gametes of particular persons, establishing whether it is.

(2) A licence under paragraph 1 cannot authorise the testing of embryos for the purpose mentioned in sub-paragraph (1)(b) unless the Authority is satisfied—

(a) in relation to the abnormality of which there is a particular risk, and

(b) in relation to any other abnormality for which testing is to be authorised under sub-paragraph (1)(b),

that there is a significant risk that a person with the abnormality will have or develop a serious physical or mental disability, a serious illness or any other serious medical condition.

(3) For the purposes of sub-paragraph (1)(c), a physical or mental disability, illness or other medical condition is gender-related if the Authority is satisfied that—

(a) it affects only one sex, or

(b) it affects one sex significantly more than the other.

(4) In sub-paragraph (1)(d) the reference to “other tissue” of the resulting child does not include a reference to any whole organ of the child.

Sex selection U.K.

1ZB (1) A licence under paragraph 1 cannot authorise any practice designed to secure that any resulting child will be of one sex rather than the other.

(2) Sub-paragraph (1) does not prevent the authorisation of any testing of embryos that is capable of being authorised under paragraph 1ZA.

(3) Sub-paragraph (1) does not prevent the authorisation of any other practices designed to secure that any resulting child will be of one sex rather than the other in a case where there is a particular risk that a woman will give birth to a child who will have or develop—

(a) a gender-related serious physical or mental disability,

(b) a gender-related serious illness, or

(c) any other gender-related serious medical condition.

(4) For the purposes of sub-paragraph (3), a physical or mental disability, illness or other medical condition is gender-related if the Authority is satisfied that—

(a) it affects only one sex, or

(b) it affects one sex significantly more than the other.

Power to amend paragraphs 1ZA and 1ZB U.K.

1ZC (1) Regulations may make any amendment of paragraph 1ZA (embryo testing).

(2) Regulations under this paragraph which amend paragraph 1ZA may make any amendment of sub-paragraphs (2) to (4) of paragraph 1ZB (sex selection) which appears to the Secretary of State to be necessary or expedient in consequence of the amendment of paragraph 1ZA.

(3) Regulations under this paragraph may not enable the authorisation of—

(a) the testing of embryos for the purpose of establishing their sex, or

(b) other practices falling within paragraph 1ZB(1),

except on grounds relating to the health of any resulting child.

(4) For the purposes of this paragraph, “amend” includes add to and repeal, and references to “amendment” are to be read accordingly.”