Human Fertilisation and Embryology Act 2008

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Human Fertilisation and Embryology Act 2008 [1]
Act of Parliament
Coat of arms of the United Kingdom (2022, variant 1).svg
Long title An Act to amend the Human Fertilisation and Embryology Act 1990 and the Surrogacy Arrangements Act 1985; to make provision about the persons who in certain circumstances are to be treated in law as the parents of a child; and for connected purposes.
Citation 2008 c. 22
Territorial extent  United Kingdom
Dates
Royal assent 13 November 2008
History of passage through Parliament
Text of statute as originally enacted
Revised text of statute as amended

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. The Guardian described the bill as a ‘landmark piece of legislation’ intended to bring UK fertility law in line with rapidly advancing scientific practices. [2]

Contents

According to the Department of Health, the Act's key provisions are: [3]

The Bill's discussion in Parliament did not permit time to debate whether it should extend abortion rights under the Abortion Act 1967 to also cover Northern Ireland. The 2008 Act does not alter the status quo. [4]

The Act also repealed and replaced the Human Reproductive Cloning Act 2001.

The inclusion of hybrid embryo research provisions led to intense moral debates in Parliament, with one faction praising the potential for life-saving therapies and another warning against ‘unforeseen consequences.’” [5]

Under the act, new rules regarding the designation of a second parent in cases of IVF treatment came into force on 6 April 2009. Prior to these changes, UK law automatically recognized the husband in a married couple undergoing IVF as the child’s second legal parent. The 2008 Act extended this right to lesbian couples and single women, allowing them to nominate a second parent who was not necessarily a spouse or civil partner.

The Human Fertilisation and Embryology Authority (HFEA) advised prospective parents to consider delaying IVF treatment until the new regulations took effect, if they wished to take advantage of the updated second-parent provisions. [6]

References

  1. The citation of this Act by this short title is authorised by section 69 of this Act.
  2. Boseley, Sarah (14 May 2008). "MPs give embryo bill their backing after heated debate". The Guardian.{{cite news}}: Check |archive-url= value (help)CS1 maint: url-status (link)
  3. "Human Fertilisation and Embryology Act 2008: Department of Health". Department of Health (United Kingdom). 1 September 2009. Retrieved 11 December 2009.
  4. "MPs support embryology proposals". BBC News Online . 23 October 2008.
  5. Prince, Rosa (22 October 2008). "MPs vote to allow human-animal hybrids". The Telegraph . Retrieved 13 February 2025.
  6. Jones, Aidan (2 March 2009). "Rules eased for second parent in IVF births". The Guardian. Retrieved 13 February 2025.

Further reading