Assisted Reproduction Flashcards
(12 cards)
Human Fertilisation and Embryology Act 1990, s 13(9)
Prohibits the positive selection of a child with a disability
- Disabled community critiques this
Human Fertilisation and Embryology Act 2008, Sch 2, Para 1ZA(1)(d)
Prohibits ‘saviour siblings’ for harvesting organs
Quintavalle
The HFE Authority can legally authorise PGD to create a ‘saviour sibling’
Human Fertilisation and Embryology Act 1990, s 3ZA(5)
Permits Mitochondrial Replacement Techniques to prevent mitochondrial disease
HFE Authority
Wide range of responsibilities:
- Contained in the HFEA 1990 and HFEA 2008
Does NOT control:
- Prices charged by clinics; or
- Overseas treatment
Human Fertilisation and Embryology Act 1990, s 13(5)
Welfare of the child principle
- Must be considered before providing treatment
Human Fertilisation and Embryology Act 1990, Sch 3, Para 1
Rules on consent
- Must be specific and in writing
- Can be varied/withdrawn
Blood
Facts:
- Case about woman who wanted to use man in coma’s sperm without his written consent
Held
- Cannot use the sperm without written consent
L
Facts:
- Case about a woman who wanted to use her deceased husband’s sperm without his written consent
Held
- Cannot use the sperm without written consent
Human Fertilisation and Embryology Act 2008, s 39
Permits the use of sperm after death where:
- Man has provided consent in writing
Jennings
Facts
- Case about a man who wanted to use an embryo created with his deceased wife without her written consent
Held
- He could use the embryo because:
1. She had not been given an opportunity to provide written consent
2. It could be inferred that she would have consented if she had been provided the opportunity
Evans
Facts
- Case about whether a woman could use embryos created with her ex-partner after he withdrew his consent
Held
- Cannot use embryos once one party withdraws consent
- No reason why one person’s Art 8 right should take priority over another person’s
