The Human Fertilisation and Embryology (Amendment) Regulations 2024

Amendments to the Human Fertilisation and Embryology Act 1990

2.—(1) Schedule 3A(1) to the Human Fertilisation and Embryology Act 1990 is amended as follows.

(2) After paragraph A1 insert—

“Modification of the definition of partner donation in the second Directive

B1.   For the purpose of this Schedule, Article 1 of the second Directive is to be read as if for paragraph (b) there were substituted—

“(b) “partner donation” means the donation of reproductive cells between—

(i) a man and a woman; or

(ii) a woman and a woman,

who declare that they have an intimate physical relationship;”.”.

(3) In paragraph 6, after “which is not” insert “, or partner-donated eggs which are not,”.

(4) In paragraph 7—

(a) for “In”, substitute “Subject to paragraph 7A, in”;

(b) after “partner-donated sperm” insert “, partner-donated eggs”.

(5)  After paragraph 7 insert—

“7A.— (1) In relation to a donation within paragraph 7 which meets the conditions in this paragraph, licence conditions must not include the requirement in section 3.2 of Annex III to the second Directive, that donors must be negative for HIV.

(2) The first condition is the donor has a plasma HIV RNA load of no more than 200 copies per millilitre on—

(a) a date no more than 6 months and no less than 21 days before the date of the donation; and

(b) a date no more than 7 days before the date of the donation.

(3) The second condition is the donor has been receiving antiretroviral treatment for a period of at least 6 months up to and including the date of the donation.

(4) The third condition is the donor and the recipient declare that they have a qualifying relationship.

(5) “Qualifying relationship” means a relationship between—

(a) friends;

(b) family; or

(c) persons who have been introduced to each other by a third party for the purpose of conceiving.

(6) The fourth condition is the recipient declares that they—

(a) reasonably believe, on the facts known to them at the time, that the donor has tested positive for HIV;

(b) understand the health risks involved in being treated with the donation; and

(c) consent to being treated with the donation in light of the matters referred to in paragraphs (a) and (b).”.

(6) In paragraph 9, in the table, after “partner-donated sperm” (in each place it occurs) insert “, partner-donated eggs”.

(7)  For paragraph 12 substitute—

“12.   In this Schedule—

“HIV” means human immunodeficiency virus, type 1 and type 2;

“partner-created embryos” means embryos created using the gametes of a man and a woman who declare that they have an intimate physical relationship;

“partner-donated eggs” means eggs donated between a woman and a woman who declare that they have an intimate physical relationship;

“RNA” means ribonucleic acid.”.

(1)

Schedule 3A was inserted by S.I. 2007/1522. There are amendments to Schedule 3A but none is relevant.