News

16th August 2005

Fertility laws are facing change

The government is launching a review of the laws governing fertility research and embryo treatment for the first time in fifteen years.

Experts say the laws need updating to keep pace with technological advances and the public consultation will help to update the Human Fertilisation and Embryology Act, which dates from 1990.

Medical professionals and the public will be given until November 25 to submit their views.

Fertility expert Lord Winston said current regulations did not work and some relaxation was needed.

He said, "I am quite clear some regulation is needed. But the current form I think is quite inappropriate and doesn't really do a very good job."

The review will consider many aspects of fertility care, including the screening of embryos to create 'designer babies', parents' rights to choose a baby's gender and what should happen to stored embryos when they are no longer wanted.

A proposal is also expected for a crackdown on internet sites selling sperm, which are currently not regulated by the HFEA.

The role of the HFEA itself will also be looked at after lobby groups such as the Campaign for Reproductive Ethics (CORE) questioned whether the HFEA has the power to make ethical decisions.

Josephine Quintavalle, of the Comment on Reproductive Ethics, called for a separate body to be established to consider ethical issues.

"The HFEA could go on monitoring the work of clinics, but these big ethical decisions, which are related to the whole of society, not just individual couples, need to be discussed in a much more thoughtful forum."

Dr Allan Pacey, of the British Fertility Society, said the current laws were outdated and needed to be relaxed.

He said, "Nowadays 1 per cent of births are through this procedure and most of us have friends or relatives who have had some kind of fertility treatment and it has become commonplace.

Fertility expert Simon Fishel said a system of regulation was needed.

But he added that doctors should have the power to make decisions about patients' needs, without having to go to the HFEA or to the courts.

Health Minister Caroline Flint described the 1990 Act as a landmark piece of legislation, but accepted that it would need updating.

She said, "We never expected the Act would remain forever unchanged in the face of major developments in science and medicine.

"The consultation raises many complex issues on which there are many different and strongly held views.

"I very much hope that the public will help us tackle these vital questions so that we can continue to reap the benefits of the latest scientific developments within a system that continues to inspire public confidence."

John Paul Maytum, of the HFEA, said an updated Act would need to have more scope for amendment as new developments came along.

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