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Human Fertilisation and Embryology Amendment Bill


Human Fertilisation and Embryology Amendment Bill

    1

 

A

Bill

To

Amend and extend certain enactments regulating the treatment of women

undergoing IVF procedures and to extend the range of information and

counselling provided by health authorities.                                                                            

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:—

 1     Amendments of Schedule 3 to the Human Fertilisation and Embryology Act

1990

     (1)    Schedule 3 to the Human Fertilisation and Embryology Act 1990 (c. 37)

(consents to use of gametes or embryos) shall be amended as follows.

     (2)    After paragraph 4(2) there shall be inserted—

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        “(3)                               Where consent for the storage of any embryo is withdrawn in

accordance with sub-paragraph (1) or varied in accordance with sub-

paragraph (6) by the man specified in sub-paragraph (4), the person

to whom the relevant licence applies shall, as soon as practicable

thereafter, and wherever possible before ceasing to store the embryo,

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undertake all reasonable steps to inform the woman specified in sub-

paragraph (5) that consent has been withdrawn or varied in

accordance with sub-paragraph (6).

        (4)                               The man specified in this sub-paragraph is the man who—

                    (a)                   has previously given consent for the creation of an embryo in

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vitro, and

                    (b)                   was, at the time of the creation of the embryo, a party to a

marriage with the woman specified in sub-paragraph (5).

        (5)                               The woman specified in this sub-paragraph is the woman who, at the

time of the creation of the embryo—

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                    (a)                   was a party to a marriage with the man specified in sub-

paragraph (4), and

                    (b)                   was intended to receive treatment with the aim of her

becoming the mother of a child as a result of the placing in

her of the embryo.

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Bill 56 53/2
 
 

Human Fertilisation and Embryology Amendment Bill

    2

 

        (6)                               Consent for the storage of an embryo is varied in accordance with

this sub-paragraph if effective consent is withdrawn for the use of

the embryo for the treatment of the woman specified in sub-

paragraph (5).

        (7)                               Where the person to whom the relevant licence applies informs the

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woman specified in sub-paragraph (5) that consent has been

withdrawn or varied in accordance with sub-paragraph (6), he must

also give her a suitable opportunity to receive proper counselling

about matters consequent upon and relating to the withdrawal or

variation of consent.

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        (8)                               Nothing in sub-paragraphs (3) and (7) shall permit—

                    (a)                   any use of the embryo after the withdrawal of consent,

                    (b)                   any use of the embryo otherwise than in accordance with the

varied consent, or

                    (c)                   the storage of the embryo for a period of more than one

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month after the withdrawal of consent.

        (9)                               In this paragraph—

                     “a party to a marriage” shall be construed in accordance with

section 28, and

                     “the person to whom the relevant licence applies” means—

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                            (a)                           the person responsible for the licence for treatment

under which the embryo in vitro was created, or

                            (b)                           (in cases where the person specified in paragraph (a)

no longer holds a licence for treatment) the person

responsible for the licence for storage under which

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the embryo is stored.

        (10)                               The provisions of sub-paragraphs (3) to (9) shall come into effect in

respect of any withdrawal of consent or variation of consent in

accordance with sub-paragraph (6) after 1 January 2004.”

 2     Short title

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This Act may be cited as the Human Fertilisation and Embryology

Amendment Act 2003.

 

 

 
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Revised 14 February 2003