HFEAMedical Ethics: Embryo

Learning Intentions

0Be able to explain the legal status of the human embryo in UK law.

0Be able to describe the role of the regulatory body that oversees the use of the human embryo in the UK.

HFEA

Be carefull there are two of them!0Human Fertilisation and Embryology Act0Human Fertilisation and Embryology Authority

Human Fertilisation and Embryology Act

0The original Human Fertilisation and Embryology Act introduced in 1990 was an act of parliament which introduced laws regarding new technologies such as IVF.

0Technological advances meant that an updated act The Human Fertilisation and Embryology Act 2008 was introduced. 

0The new legal rules, came into force on 1 October 2009.

The Human Fertilisation & Embryology Authority

The HFEA was set up in 1991 by the HumanFertilisation and Embryology Act 1990, in order to:0 regulate IVF treatment and human embryo research. 0 regulate the storage of sperm and eggs and embryos.

The Human Fertilisation & Embryology Authority

0Essentially the role of the HFEA is to ensure; 0 that applications made by researchers and clinics are

lawful.0 that patients or donors have given properly informed

consent.0 that the use of embryos is justified.0 to provide information for the public and patients

about fertility treatment and research.

The Human Fertilisation and Embryology Act 2008:

embryo storage.

0The 1990 Act had allowed embryo storage for a period of 5 years, from 1 October 2009, eggs, sperm and embryos can be stored for a period of ten years.

0When the storage period comes to an end, the gametes or embryos must be allowed to perish, unless they qualify for extended storage. 

0Extended storage is only allowed in the case of premature infertility, for a period up to 55 years.

The Human Fertilisation and Embryology Act 2008: donating embryos for use in research.

0The Act requires that, prior to donating embryos to research, patients must give their consent.

0 It is imperative that that people donating them have made an informed choice.

0Clinics must ensure that someone who is not involved in the research project is available to discuss the implications of donation with the prospective donor.

0Embryos used for research must be destroyed after day 14.

The Human Fertilisation and Embryology Act 2008: Using embryos for research.

According to the act embryos can be used for research if it will provide:0Better understanding of embryonic development0Further knowledge of serious disease0Potentially improve the treatment of serious disease

The Human Fertilisation and Embryology Act 2008: embryo testing (PGD & PGS).

0 The law states that a treatment licence from the HFEA permitting embryo testing can do so only for the purpose of excluding abnormalities.

0 The law allows testing for inheritable conditions only if:0 There is a particular risk of the embryo having the

abnormality (if there is a family history or one of the parents is known to be a sufferer or carrier).

0 The HFEA is satisfied that ‘the abnormality carries a significant risk that a person with the abnormality will have or develop a serious disability, illness or medical condition’. 

The Human Fertilisation and Embryology Act 2008: embryo gender selection.

0The law states that embryo gender selection can be used only for medical purposes for example to avoid a serious disease that affects only boys.

The Human Fertilisation and Embryology Act 2008: savior siblings.

0The law allows the use of PGD to select an embryo to produce a sibling who will be a tissue match for a sick child. 

0The sick child must have a serious medical condition that could be treated by cord blood, bone marrow or other tissue, and a suitable donor is not available.

0However, there are restrictions.  The law makes it clear that embryo selection can be used only for tissue donation: a child cannot be conceived to act as an organ donor for his or her sibling.

The Human Fertilisation and Embryology Act 2008: Ban on preferring affected embryos.0 Once embryos have been tested for an abnormality, an affected

embryo cannot be ‘preferred’ over an unaffected embryo. 0 This does not mean that, if you test for a condition, you are

completely barred from being treated with any embryos found to carry it.  If, for example, your embryos were tested and all were found to have the condition in question, then (subject to discussions, medical advice and counselling) the rules on embryo testing would not prohibit you from proceeding with treatment. 

0 However, the rules do not allow you to use PGD to deliberately choose an embryo that is affected by an abnormality. 

A good guide to UK law

0http://www.nataliegambleassociates.co.uk/page/eggs-sperm-and-embryos/40/

The Human Fertilisation and Embryology Act

0Within the act an embryo is defined as a live human embryo where fertilisation is complete, complete is defined as the appearance of a two cell zygote.

Questions

0Describe the UK law on the use of the human embryo. 6KU

0Evaluate the UK law on the use of the human embryo.06AE