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Journal articles on the topic 'Human Fertilisation and Embryology Act 1990'

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Published: 4 June 2021

Last updated: 1 February 2022

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1

Plomer, Aurora, and Norma Martin-Clement. "The limits of beneficence:egg donation under the Human Fertilisation and Embryology Act 1990." Legal Studies 15, no. 3 (November 1995): 434–54. http://dx.doi.org/10.1111/j.1748-121x.1995.tb00529.x.

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The Human Fertilisation and Embryology Act 1990 (HFE Act) has been described as a ‘milestone in biomedical regulation’. Yet as a milestone, it marks out the frontier of medical science as it stood at 1990. It was always accepted that the Act would not be the ‘last word on the subject’ of embryology. Five years on and, inevitably, the frontiers of the reproductive revolution have been pushed forward by scientific and clinical developments, and, again inevitably, those developments have thrown up new social, ethical and legal problems. Thanks to the passing of the 1990 Act, the new techniques do not exist in a vacuum: one of the achievements of the HFE Act is that it provides the institutional and legal framework in which new problems can be debated and resolved as they arise. The key element in that framework is the statutory licensing authority created by the 1990 Act-the Human Fertilisation and Embryology Authority (HFEA).

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2

Montgomery, Jonathan. "Rights, Restraints and Pragmatism: The Human Fertilisation and Embryology Act 1990." Modern Law Review 54, no. 4 (July 1991): 524–34. http://dx.doi.org/10.1111/j.1468-2230.1991.tb00904.x.

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3

Chambers, D. R. "Book Review: Blackstone's Guide to the Human Fertilisation & Embryology Act 1990." Medicine, Science and the Law 32, no. 2 (April 1992): 181–82. http://dx.doi.org/10.1177/106002809203200217.

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4

Jones, Caroline. "The Department of Health Review of the Human Fertilisation and Embryology Act 1990." Clinical Ethics 1, no. 4 (December 2006): 200–204. http://dx.doi.org/10.1258/147775006779151175.

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5

McDonald, Edited by Iain, Rachel Anne Fenton, and Fiona Dabell. "Treatment Provisions: Proposals for Reform of the Human Fertilisation and Embryology Act 1990." Journal of Social Welfare and Family Law 29, no. 3-4 (January 2008): 293–305. http://dx.doi.org/10.1080/09649060701752323.

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6

Hagger, Lynn. "The Role of the Human Fertilisation and Embryology Authority." Medical Law International 3, no. 1 (September 1997): 1–22. http://dx.doi.org/10.1177/096853329700300101.

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The recent publicity surrounding Diane Blood and the theoretical possibility of cloning human beings has highlighted yet again the important role of the Human Fertilisation and Embryology Authority (HFEA). It will be remembered that Mrs Blood sought to establish a right to be inseminated with her dead husband's sperm without his written consent. The HFEA, following the strict letter of the Human Fertilisation and Embryology Act 1990, withheld its permission for the procedure. Following a Court of Appeal decision to allow Mrs Blood access to treatment abroad the Department of Health commissioned an independent ethicist to address the relevant issues. The use of such an expert which avoids any potential conflicts of interest, when the body has many members with the relevant expertise, is another example of how important the HFEA's integrity is viewed. It strives to act in an exemplary manner in the often hostile environment of uninformed public concern and against a backdrop of a statutory framework that is generally thought to suffer from a democratic deficit. This article will provide an outline of the HFEA's background, structure and manner of operation in an attempt to demonstrate that it offers a model of regulation for the new reproductive technologies despite the constraints it faces.

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7

Doyle, Pat. "THE U.K. HUMAN FERTILISATION AND EMBRYOLOGY AUTHORITY." International Journal of Technology Assessment in Health Care 15, no. 1 (January 1999): 3–10. http://dx.doi.org/10.1017/s0266462399015123.

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The Human Fertilisation and Embryology Act of the United Kingdom was passed in 1990, leading to the formation of the Human Fertilisation and Embryology Authority (HFEA), the first statutory body to regulate and control assisted conception anywhere in the world. The principal function of the HFEA is to license and monitor clinics that carry out in vitro fertilization (IVF), donor insemination (DI), and embryo research. Information on over 135,000 treatment cycles, 20,000 pregnancies, and 25,000 babies following IVF has now been collected as part of the regulatory process, and these data have permitted unbiased and accurate evaluation of treatment efficacy using pregnancy and live-birth rates. The treating clinics are required by law to provide information on the outcome of all births, including neonatal mortality and congenital malformations, but there is no systematic validation of these data using medical records or any follow-up of treated women, or babies, over time. In addition, the strict confidentiality of data supplied to the HFEA means that outside researchers have been unable to access the database for research projects. Thus, at the present time, it is not possible to evaluate the long-term safety of assisted conception procedures using HFEA data. There is reasonable scientific evidence to justify full investigation of the health of both treated women and resulting children. Particular health outcomes requiring evaluation include obstetric complications, preterm births, cerebral palsy, and cancer. The HFEA has recognized the need for follow-up studies and is currently investigating ways of enabling research projects using HFEA data to be undertaken.

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8

Treece, S. J., and D. Savas. "More Questions than Answers? R V Human Fertilisation and Embryology Authority Ex Parte Blood The Times 7th February 1997." Medical Law International 3, no. 1 (September 1997): 75–81. http://dx.doi.org/10.1177/096853329700300104.

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The recent Court of Appeal decision in R v Human Fertilisation and Embryology Authority ex parte Blood (1997), was an attempt to reconcile media driven support for a widow’s desire to have a child using sperm obtained from her comatose husband immediately prior to his death. The Court of Appeal held that the written consent of the husband had not been obtained in respect to the storage of his sperm and this was contrary to the requirements of the Human Embryology and Fertilisation Act 1990. However in the present case it was right that once the sperm had been removed, it was preserved and stored pending a ruling as there appeared to be some uncertainty surrounding the situation. The Court also held that the Human Fertilisation and Embryology Authority had failed to exercise its discretion correctly in refusing to give Mrs Blood permission to export the sperm to Belgium where the written consent of the donor to storage of gametes is not required. The Court of Appeal stated that there was no question of a precedent being set as this was a unique situation which should not arise again in the future.

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9

Morgan, Ryan. "A lack of foresight? Jurisdictional uncertainties in the regulatory interface between the HFEA, the UK Stem Cell Bank and beyond." Legal Studies 27, no. 3 (September 2007): 511–35. http://dx.doi.org/10.1111/j.1748-121x.2007.00055.x.

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Much of the legal attention surrounding human embryonic stem (ES) cell research within the UK has, to date, focused on cloning techniques. Whilst this is both understandable and appropriate given litigation on this topic, there has been less focus on other areas. This paper identifies and analyses areas of incoherence and deficiency within the regulatory architecture governing human ES cell derivation and research within the UK. This is not merely a theoretical exercise, as there are indications that many of the policy objectives currently being pursued in this area have, at best, a shaky jurisdictional basis. It is all too easy to recall that lobby groups have challenged the Human Fertilisation and Embryology Act 1990, the legislative foundation for embryo research and most infertility treatment, on the basis of jurisdictional uncertainty and statutory interpretation. Whilst many pro-life campaigners are opposed to ES cell research on ethical grounds, the arguments utilised thus far in relation to litigation have been entirely legal, involving issues of statutory interpretation and whether the regulator, the Human Fertilisation and Embryology Authority (HFEA), or the Department of Health have acted ultra vires the 1990 Act. This paper will reveal that there are a number of further areas which might be open to attack on this basis.

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10

Ryburn, Murray, and Annette Fleming. "The Human Fertilisation and Embryology Act 1990 and Assessment for parenthood: in whose best interests." Early Child Development and Care 91, no. 1 (January 1993): 65–75. http://dx.doi.org/10.1080/0030443930910107.

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11

Weed, Matthew. "Discourse on Embryo Science and Human Cloning in the United States and Great Britain: 1984–2002." Journal of Law, Medicine & Ethics 33, no. 4 (2005): 802–10. http://dx.doi.org/10.1111/j.1748-720x.2005.tb00546.x.

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There is a stark difference between American and British policy on embryo science and research cloning. The following survey of the discourse offered both in support of and in opposition to research cloning and embryo science in the United States and Great Britain will show that the same arguments were made in both countries. The fact that similar ethical argumentation occurred in environments where different policy was set is an indicator that current frames for ethical discourse on embryonic stem cell research and human cloning do not effectively capture the debate in the form that politicians and possible consumers of services to be derived from embryo science face.The ethics surrounding embryo research and human cloning have been presented from virtually every possible viewpoint in all forms of medium. It is impossible to reprise every argument made on embryo science and research cloning; therefore, this survey will focus on some of the arguments made during the time leading up to the enactment of Great Britain's Human Fertilisation and Embryology Act of 1990 and the Human Fertilisation and Embryology regulations added to it in 2001.

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12

Sooben, Roja D. "‘Valuing People’ with Learning Disabilities in the Context of the Human Fertilisation and Embryology Act 1990." Journal of Learning Disabilities 8, no. 2 (June 2004): 107–12. http://dx.doi.org/10.1177/1469004704042700.

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13

Lieberman, B. A., P. L. Matson, and F. Hamer. "Ethics and Society: The UK Human Fertilisation and Embryology Act 1990—how well is it functioning?" Human Reproduction 9, no. 9 (September 1994): 1779–82. http://dx.doi.org/10.1093/oxfordjournals.humrep.a138794.

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14

Callus, Thérèse. "Omnis definitio periculosa est: on the Definition of the Term “Embryo” in the Human Fertilisation & Embryology Act 1990." Medical Law International 6, no. 1 (March 2003): 1–11. http://dx.doi.org/10.1177/096853320300600101.

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In adopting a purposive interpretation of the definition of the term “embryo” in the Human Fertilisation & Embryology Act 1990, the Court of Appeal judgement in R (on the application of B. Quintavalle on behalf of Pro-Life Alliance) v. Secretary of State for Health effectively stifled democratic debate on the development of therapeutic cloning techniques. Instead of being evidence of the flexibility of the statute to adapt to the rapid evolution of scientific techniques, the judgment bears witness to a certain dependence of the law on scientific criteria and moreover, raises the question of legitimate judicial function. Indeed, judges should not be seen to be deciding questions of social choice that should ultimately be decided through the democratic process. Although the purposive approach may be objectively justified, it is suggested that the appeal judges erred in their appreciation of the very purpose of the 1990 Act. It is argued that the Parliamentary debates in 1990 illustrate that the purpose of the 1990 Act does not go beyond the area of procreation and embryo research in this context. Consequently, it is claimed that no economy should have been made on a full democratic debate. By preventing such a debate, the Court of Appeal appears to admit that the law has become servile to the scientific, political and a fortiori economic, interests at stake.

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15

Sheldon, Sally, Ellie Lee, and Jan Macvarish. "‘Supportive Parenting’, Responsibility and Regulation: The Welfare Assessment under the Reformed Human Fertilisation and Embryology Act (1990)." Modern Law Review 78, no. 3 (May 2015): 461–92. http://dx.doi.org/10.1111/1468-2230.12124.

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16

Blyth, Eric. "The United Kingdom's Human Fertilisation and Embryology Act 1990 and the welfare of the child: A critique." International Journal of Children's Rights 3, no. 3-4 (1995): 417–38. http://dx.doi.org/10.1163/157181895x00195.

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17

Ramsey, Joanne. "Fit for the 21st Century? A Review of Surrogacy Provisions within the Human Fertilisation and Embryology Act 1990." Medical Law International 7, no. 4 (September 2006): 281–307. http://dx.doi.org/10.1177/096853320600700401.

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18

McLachlan, Hugh V. "Warnock and Research on Human Embyros: A Case for a Re‐Appraisal of the Human Fertilisation and Embryology Act (1990)." International Journal of Sociology and Social Policy 13, no. 5/6 (May 1993): 110–19. http://dx.doi.org/10.1108/eb013176.

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19

Philipp, Elliot E. "Impact of the Human Fertilisation and Embryology Act (1990) on the Practice of Reproductive Medicine in the United Kingdom." Fertility and Sterility 59, no. 2 (February 1993): 285–87. http://dx.doi.org/10.1016/s0015-0282(16)55668-4.

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20

Poole, Annabelle, Hannah Pearman, Ellie Pook, Gledisa Qokthi, and Jasmine Rushworth. "The Surrogacy Arrangements Act 1985." Student Journal of Professional Practice and Academic Research 1, no. 1 (February 1, 2019): 58–64. http://dx.doi.org/10.19164/sjppar.v1i1.798.

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Surrogacy is the act of a woman bearing a child for another person/couple who are unable to carry a child themselves. Sometimes this can be the only way for people to have a child genetically and therefore is commonly used. This process is governed by The Surrogacy Arrangements Act 1985 and some provisions of the Human Fertilisation and Embryology Act 1990-2008. This is an area of law which has provoked controversy and is in need of being critically examined. The Law Commission have identified possible issues surrounding the law on surrogacy, these include, how the law is regulated, the exploitation of surrogates and parental orders. Until parental orders are granted, which is not done until six weeks after the birth of the child, the parents are not permitted to make any medical decisions about their child. The Law Commission have looked into these areas in the Law Commissions 13th programme of law reform. As a group, we have researched into these areas but also expanded our research to see what happens if the surrogate mother or parents die, if the surrogate mother changes her mind and wants to keep the child and if the parents refuse the child/abortion rights.

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21

Scott, Rosamund. "INTERPRETING THE DISABILITY GROUND OF THE ABORTION ACT." Cambridge Law Journal 64, no. 2 (July 7, 2005): 388–412. http://dx.doi.org/10.1017/s0008197305006902.

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“NOT only would it be a bold and brave judge … who would seek to interfere with the discretion of doctors acting under the Abortion Act 1967, but I think he would really be a foolish judge who would try to do any such thing, unless, possibly, where there is clear bad faith and an obvious attempt to perpetrate a criminal offence.” So said Sir George Baker P. in Paton v. B.P.A.S. and his view has been repeated at apposite judicial moments in subsequent cases. Recently, however, a legal attempt was indeed made to question the discretion of doctors in Jepson v. The Chief Constable of West Mercia Police Constabulary. Reverend Joanna Jepson asked the West Mercia Police to investigate doctors who had authorised an abortion for bilateral cleft lip and palate at 28 weeks under the disability ground of the Abortion Act 1967 (as amended by the Human Fertilisation and Embryology Act 1990). Abortion is legal under that section if two doctors have formed an opinion in good faith that “there is a substantial risk that if the child were born it would suffer from such physical or mental abnormalities as to be seriously handicapped”.

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22

Brinsden, Peter R. "The effect of the human fertilisation and embryology act 1990 upon the practice of assisted reproduction techniques in the United Kingdom." Journal of Assisted Reproduction and Genetics 10, no. 8 (November 1993): 493–99. http://dx.doi.org/10.1007/bf01204358.

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23

Twine, Richard. "From Warnock to the Stem Cell Bank—Evaluating the UK's Regulatory Measures for Stem Cell Research." Journal of International Biotechnology Law 2, no. 1 (January 1, 2005): 1–14. http://dx.doi.org/10.1515/jibl.2005.2.1.1.

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AbstractThe United Kingdom government regards its regulations for stem cell research as some of the most rigorous in the world. This paper chronologically outlines the important stages in the evolution of these regulatory measures over the past twenty years, including the Warnock Report, the Human Fertilisation and Embryology Act 1990, the subsequent series of reports and consultations, and the establishment of the UK stem cell bank. Attending both to the discursive framing of stem cell research and the ethical issues faced, an assessment is made in terms of the appropriateness, adequacy and effectiveness of the UK's regulatory measures. Although institutional learning is detected in areas such as improving public engagement, the UK regulatory process has been open to the accusation of a scientific community regulating itself. This paper recommends that in order to avoid any possible complacency further improvements in public inclusiveness and interdisciplinary representation on regulatory committees should be sought.

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24

Grainne, Gorman, McFarland Robert, Stewart Jane, Feeney Catherine, Herbert Mary, Heslop Louise, Blakeley Emma, Taylor Robert, Murphy Julie, and Turnbull Doug. "287 A new UK reproductive care pathway for women with serious MTDNA disease." Journal of Neurology, Neurosurgery & Psychiatry 89, no. 10 (September 13, 2018): A44.1—A44. http://dx.doi.org/10.1136/jnnp-2018-abn.151.

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In March 2015, the UK government passed into law, an amendment to the Human Fertilisation and Embryology Act 1990 to permit ‘Mitochondrial Donation’. This provided a unique legal framework for techniques that make it possible to ‘replace’ mutated mitochondrial DNA (mtDNA) in human oocytes or zygotes. As a group, primary mtDNA diseases are the most prevalent of the inherited neurometabolic disorders, affecting up to 1 in 5000 live births and can often have devastating clinical consequences. To date, treatments focus on palliation of symptoms, while the emergence of reproductive techniques, such as Mitochondrial Donation, offers the first real opportunity to prevent the maternal transmission of some serious forms of mtDNA disease. The Human Fertilization and Embryo Authority (HFEA), the statutory regulatory authority charged with regulating human embryo research in the UK, has devised, a detailed regulatory process for Mitochondrial Donation. To ensure compliance with the HFEA regulations we describe how we have established a high quality, integrated care pathway that provides care that is available to anyone in the UK, and comprehensively involves pathways for couples seeking reproductive advice, IVF pathway for potential mothers with pathogenic mtDNA mutations, a pathway for donors and long-term follow up of children born.

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25

McLean, Sheila A. M. "Book reviews : Blackstone's Guide to the Human Fertilisation and Embryology Act 1990 Derek Morgan and Robert G. Lee Blackstone Press, London, 1991, 261pp, £14.95 pbk." Critical Social Policy 12, no. 36 (January 1993): 109–11. http://dx.doi.org/10.1177/026101839301203607.

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26

Latham, Melanie. "Regulating the New Reproductive Technologies: A Cross-Channel Comparison." Medical Law International 3, no. 2-3 (March 1998): 89–115. http://dx.doi.org/10.1177/096853329800300301.

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In Britain and in France medical developments in the new reproductive technologies (NRTS) have proceeded at a similar pace. Both countries have been at the forefront of progress. Statutes seeking to answer the dilemmas posed by that progress were passed in 1990 in Britain and in 1994 in France. These have in some respects been markedly different. The process of legislating to regulate assisted conception has proved to be much more problematic in France than in Britain due to the ambitions of the French and the existence of Constitutional rights which impinged on the substance of any new laws. The outcome in three key areas of the debate, namely controlling access to assisted conception, defining parenthood and defining the status of the embryo, reveals fundamental divisions between understandings of law and culture in these two major European states. Taken as a whole the three laws of 1994 in France, for example, afford protection much more substantially to the child and the embryo than the Human Fertilisation and Embryology Act 1990. What this paper seeks to do then is to explore the response in France and Britain to these three issues, to evaluate the reasons for each jurisdiction's response to them and finally, perhaps intrepidly, to conclude whether France or Britain has offered the better solution to the problems of modern reproductive medicine.

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27

Coats, P. M. "Book Reviews : Human Fertilisation & Embryology Act 1990, by Derek Morgan and Robert G. Lee. Published by Blackstone Press Ltd, 1991. Price: £14.95. Paperback. Pp261. ISBN: 185431 105-0." Journal of the Royal Society of Health 111, no. 4 (August 1991): 158. http://dx.doi.org/10.1177/146642409111100413.

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28

Kingdom, Elizabeth. "Book Reviews : DEREK MORGAN AND ROBERT G. LEE, Human Fertilisation and Embryology Act 1990: Abortion and Embryo Research, the New Law. London: Blackstone Press, 1991, xiv + 261 pp., £14.95." Social & Legal Studies 1, no. 1 (March 1992): 113–15. http://dx.doi.org/10.1177/096466399200100109.

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29

McLean, S. "Symposium: reference documents on the ethics and laws of human reproduction. Consent and the law: review of the current provisions in the human fertilisation and embryology act 1990 for the UK health ministers." Human Reproduction Update 3, no. 6 (November 1, 1997): 593–621. http://dx.doi.org/10.1093/humupd/3.6.593.

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30

Knight, Christine, and Malcolm K. Smith. "Editorial: The Human Fertilisation and Embryology Act 2008." New Genetics and Society 32, no. 2 (June 2013): 107–18. http://dx.doi.org/10.1080/14636778.2013.788354.

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31

Brinsden, Peter R. "Has clinical practice been changed by theHuman Fertilisation and Embryology Act 1990?" Human Fertility 3, no. 2 (January 2000): 116–20. http://dx.doi.org/10.1080/1464727002000198811.

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32

Carrington, Fiona. "Re O (Human Fertilisation and Embryology Act 2008: Adoption Revocation)." Oxford Journal of Law and Religion 6, no. 2 (May 11, 2017): 430–31. http://dx.doi.org/10.1093/ojlr/rwx011.

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33

Alghrani, A. "The Human Fertilisation and Embryology Act 2008: a missed opportunity?" Journal of Medical Ethics 35, no. 12 (November 30, 2009): 718–19. http://dx.doi.org/10.1136/jme.2009.033365.

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34

Fox, Marie. "The Human Fertilisation and Embryology Act 2008: Tinkering at the Margins." Feminist Legal Studies 17, no. 3 (October 23, 2009): 333–44. http://dx.doi.org/10.1007/s10691-009-9129-2.

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35

Hewitt, M., D. Walker, M. Sokal, and R. Deech. "Human Fertility and Embryology Act 1990 discriminates against children." BMJ 316, no. 7137 (April 4, 1998): 1094. http://dx.doi.org/10.1136/bmj.316.7137.1094.

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36

McCandless, Julie, and Sally Sheldon. "“No Father Required”? The Welfare Assessment in the Human Fertilisation and Embryology Act 2008." Feminist Legal Studies 18, no. 3 (November 3, 2010): 201–25. http://dx.doi.org/10.1007/s10691-010-9164-z.

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37

Harmon, Shawn, Renate Gertz, Geoff Pradella, and Graeme Laurie. "Developments in Medical Law in the United Kingdom in 2005 and 2006." European Journal of Health Law 13, no. 2 (2006): 143–58. http://dx.doi.org/10.1163/157180906777831172.

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AbstractThis article highlights and summarises the key developments in medical law in the jurisdictions of the United Kingdom in 2005 and to April 2006. Topics are mental health and mental capacity, data protection, freedom of information and the impact on health data, the Human Tissue Act, genetic research databanks, Human Fertilisation and Embryology Act – Review of the legislation, consultations and related case law, developments in embryo and embryonic stem cell research, clinical trials and human subject research, medical futility, and physician assisted dying.

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38

McCandless, Julie, and Sally Sheldon. "The Human Fertilisation and Embryology Act (2008) and the Tenacity of the Sexual Family Form1." Modern Law Review 73, no. 2 (March 2010): 175–207. http://dx.doi.org/10.1111/j.1468-2230.2010.00790.x.

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39

Childs, Sarah, Elizabeth Evans, and Paul Webb. "“Quicker than a consultation at the hairdressers”: abortion and the Human Fertilisation and Embryology Act 2008." New Genetics and Society 32, no. 2 (June 2013): 119–34. http://dx.doi.org/10.1080/14636778.2013.788353.

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40

Porter, Gerard, and Malcolm K. Smith. "Preventing the selection of “deaf embryos” under the Human Fertilisation and Embryology Act 2008: problematizing disability?" New Genetics and Society 32, no. 2 (June 2013): 171–89. http://dx.doi.org/10.1080/14636778.2013.788355.

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41

Lee, Ellie, Jan Macvarish, and Sally Sheldon. "Assessing child welfare under the Human Fertilisation and Embryology Act 2008: a case study in medicalisation?" Sociology of Health & Illness 36, no. 4 (January 4, 2014): 500–515. http://dx.doi.org/10.1111/1467-9566.12078.

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42

McCandless, Julie. "Cinderella and her cruel sisters: parenthood, welfare and gender in the Human Fertilisation and Embryology Act 2008." New Genetics and Society 32, no. 2 (June 2013): 135–53. http://dx.doi.org/10.1080/14636778.2013.788357.

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43

Eijkholt, Marleen. "Procreative Autonomy and the human Fertilisation and Embryology Act 2008: Does a Coherent Conception Underpin UK Law?" Medical Law International 11, no. 2 (June 2011): 93–126. http://dx.doi.org/10.1177/096853321101100201.

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44

Fovargue, Sara, and José Miola. "Key changes in the regulation of assisted reproduction introduced by the Human Fertilisation and Embryology Act 2008." Clinical Ethics 6, no. 4 (December 2011): 162–66. http://dx.doi.org/10.1258/ce.2011.011033.

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45

Goodwin, Mark, and Stephen Bates. "The ‘powerless parliament’? Agenda-setting and the role of the UK parliament in the Human Fertilisation and Embryology Act 2008." British Politics 11, no. 2 (July 20, 2015): 232–55. http://dx.doi.org/10.1057/bp.2015.37.

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46

Smith, Malcolm K. "The Human Fertilisation and Embryology Act 2008: restrictions on the creation of “saviour siblings” and the relevance of the harm principle." New Genetics and Society 32, no. 2 (June 2013): 154–70. http://dx.doi.org/10.1080/14636778.2013.788358.

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47

Vasiliev, S. A., S. Kh Sarmanaev, S. S. Zenin, and A. Yu Shirokov. "Peculiarities of Legal Regulation of the Use of Genomic Technologies in Embryology and Artificial Fertilization in the UK." Lex Russica, no. 8 (August 25, 2020): 39–46. http://dx.doi.org/10.17803/1729-5920.2020.165.8.039-046.

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The development of modern medicine is based on the development of high-tech treatment methods. One of such methods includes the application of genomic research that in Russia is not inferior, but in many ways superior to the achievements of Western scientists. However, legal regulation, or rather lack of such regulation in our state prevents comprehensive application of advanced techniques in practice. In order to solve this issue, it becomes relevant to study the experience of foreign countries in order to take into account their flaws and gaps in legal regulation to deal with the debate over problems that may be associated with the application of advanced techniques. The paper considers the use of genomic technologies in the UK in the field of embryology and artificial fertilization as one of the most open areas for genomic editing in modern medicine. The paper elucidates the issue of obtaining and withdrawal (revoking or suspending) of the license by organizations that provide medical services in the field of embryology and artificial human fertilization. The authors also deal with the issue of the formation of specialized bodies, e.g. appeals committees in the Human Fertilisation and Embryology Department, dealing with narrow issues. The authors have chosen legal regulation of the issue under consideration in Britain because it appears to be the most liberal regulation as compared with the regulation applied in the other States and even under international law. This, in turn, creates grounds for fears, disputes and discussions in the expert community, which is also of particular interest to the forthcoming Russian law-making and law enforcement. For the purposes of the study, the authors analyze the provisions of the Human Fertilisation and Embryology Act in terms of their applicability both in the UK and in Russia and examine expert opinions regarding the issues under consideration. Based on the work done, the authors propose to implement the model of legal regulation under which both children who appeared as a result of genomic editing and donors are to be informed of the application of this method.

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48

MAGUIRE, ABIGAIL. "An Examination into the Embryo Disposal Practices of Human Fertilization and Embryology Authority Licenced Fertility Centers in the United Kingdom." Cambridge Quarterly of Healthcare Ethics 30, no. 1 (December 29, 2020): 161–74. http://dx.doi.org/10.1017/s096318012000064x.

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AbstractWhen fertility centers dispose of embryos, how should this be done? Current regulatory guidelines by the Human Fertilisation and Embryology Authority state that, when terminating the development of human embryos, a clinic should act with sensitivity, taking account of the embryo’s “special status” and respecting the interests of the gamete providers and recipients. As yet, it is unclear as to how and to what extent this achieved within fertility clinics in the UK. Resultantly, this paper examines the largely undocumented domain of embryo disposal practice. By undertaking an empirical study into policy and procedure and noting divergence in clinic practice, it then comments on the ethical implications of these protocols for patients and practitioners. Specifically, this paper argues for a more holistic approach to embryo disposal. An approach that effectively meets the requirements of the lab, is respectful of the “special status” of the human embryo, and, perhaps most importantly, reflects the multifaceted needs of the patient.

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Cesarino, Letícia da Nóbrega. "Nas fronteiras do "humano": os debates britânico e brasileiro sobre a pesquisa com embriões." Mana 13, no. 2 (October 2007): 347–80. http://dx.doi.org/10.1590/s0104-93132007000200003.

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Com o advento das técnicas de fertilização in vitro no final da década de 70, abriu-se um debate mundial sobre o estatuto do embrião produzido em laboratório, assim como sua manipulação experimental na pesquisa científica. O objetivo do artigo é analisar comparativamente dois destes debates no âmbito dos parlamentos britânico e brasileiro. O primeiro resultou na Human Fertilisation and Embriology Act de 1990, e o segundo, nas disposições da Lei de Biossegurança de 2005 relativas às células-tronco embrionárias. A análise, partindo da literatura antropológica sobre o tema, pretendeu demonstrar não só a abertura contemporânea das fronteiras do "humano" a uma negociação explicitamente política, como também os principais vetores que vêm conformando tais negociações no caso da pesquisa científica com embriões humanos.

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Savas, Diane, and Stephen Treece. "Fertility Clinics: One Code of Practice?" Medical Law International 3, no. 2-3 (March 1998): 243–58. http://dx.doi.org/10.1177/096853329800300311.

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Since the enactment of the Human Fertility and Embryology Act 1990, Fertility Clinics have been obliged to work within the HFEA guidelines to comply with the requirements of their licences. However the recent media focus on certain aspects of assisted conception calls into question the degree of subjective interpretation that is applied by individual clinics with regard to the guidelines. This paper is the result of an empirical study examining how clinics interpret the guidelines, and will examine the question of whether the existing guidelines should be tightened to remove some of the inherent ambiguities.

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