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Human Fertilisation and Embryology Act 1990

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Version Superseded: 10/04/1995

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Activities governed by the ActU.K.

3 Prohibitions in connection with embryos.U.K.

(1)No person shall—

(a)bring about the creation of an embryo, or

(b)keep or use an embryo,

except in pursuance of a licence.

(2)No person shall place in a woman—

(a)a live embryo other than a human embryo, or

(b)any live gametes other than human gametes.

(3)A licence cannot authorise—

(a)keeping or using an embryo after the appearance of the primitive streak,

(b)placing an embryo in any animal,

(c)keeping or using an embryo in any circumstances in which regulations prohibit its keeping or use, or

(d)replacing a nucleus of a cell of an embryo with a nucleus taken from a cell of any person, embryo or subsequent development of an embryo.

(4)For the purposes of subsection (3)(a) above, the primitive streak is to be taken to have appeared in an embryo not later than the end of the period of 14 days beginning with the day when the gametes are mixed, not counting any time during which the embryo is stored.

Commencement Information

I1S. 3 wholly in force at 1.8.1991 see s. 49(2) and S.I. 1991/1400, art. 2(2)

Valid from 10/04/1995

[F13A Prohibition in connection with germ cells.U.K.

(1)No person shall, for the purpose of providing fertility services for any woman, use female germ cells taken or derived from an embryo or a foetus or use embryos created by using such cells.

(2)In this section—

  • female germ cells” means cells of the female germ line and includes such cells at any stage of maturity and accordingly includes eggs; and

  • fertility services” means medical, surgical or obstetric services provided for the purpose of assisting women to carry children.]

Textual Amendments

F1S. 3A inserted (10.4.1995) by 1994 c. 33, s. 156(2); S.I. 1995/721, art. 2, Sch.

4 Prohibitions in connection with gametes.U.K.

(1)No person shall—

(a)store any gametes, or

(b)in the course of providing treatment services for any woman, use the sperm of any man unless the services are being provided for the woman and the man together or use the eggs of any other woman, or

(c)mix gametes with the live gametes of any animal,

except in pursuance of a licence.

(2)A licence cannot authorise storing or using gametes in any circumstances in which regulations prohibit their storage or use.

(3)No person shall place sperm and eggs in a woman in any circumstances specified in regulations except in pursuance of a licence.

(4)Regulations made by virtue of subsection (3) above may provide that, in relation to licences only to place sperm and eggs in a woman in such circumstances, sections 12 to 22 of this Act shall have effect with such modifications as may be specified in the regulations.

(5)Activities regulated by this section or section 3 of this Act are referred to in this Act as “activities governed by this Act”.

Commencement Information

I2S. 4 wholly in force at 1.8.1991 see s. 49(2) and S.I. 1991/1400, art. 2(2)

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