Human Fertilisation and Embryology Act 1990

In vitro fertilisation and subsequent use of embryo U.K.

6 (1) A person’s gametes [F1 or human cells] must not be used to bring about the creation of any embryoin vitro unless there is an effective consent by that person to any embryo[F2 ,] the creation of which may be brought about with the use of those gametes [F3 or human cells,] being used for one or more of the purposes mentioned in [F4 paragraph 2(1)(a), (b) and (c)] above. U.K.

(2) An embryo the creation of which was brought about in vitro must not be received by any person unless there is an effective consent by [F5 each relevant person in relation to] the embryo to the use for one or more of the purposes mentioned in [F6 paragraph 2(1)(a), (b), (ba) and (c)] above of the embryo.

(3) An embryo the creation of which was brought about in vitro must not be used for any purpose unless there is an effective consent by each [F7 relevant person in relation to] the embryo to the use for that purpose of the embryo and the embryo is used in accordance with those consents.

[F8 (3A) If the Authority is satisfied that the parental consent conditions in paragraph 15 are met in relation to the proposed use under a licence of the human cells of a person who has not attained the age of 18 years (“C”), the Authority may in the licence authorise the application of sub-paragraph (3B) in relation to C.

(3B) Where the licence authorises the application of this sub-paragraph, the effective consent of a person having parental responsibility for C—

(a) to the use of C's human cells to bring about the creation of an embryo in vitro for use for the purposes of a project of research, or

(b) to the use for those purposes of an embryo in relation to which C is a relevant person by reason only of the use of C's human cells,

is to be treated for the purposes of sub-paragraphs (1) to (3) as the effective consent of C.

(3C) If C attains the age of 18 years or the condition in paragraph 15(3) ceases to be met in relation to C, paragraph 4 has effect in relation to C as if any effective consent previously given under sub-paragraphs (1) to (3) by a person having parental responsibility for C had been given by C but, subject to that, sub-paragraph (3B) ceases to apply in relation to C.

(3D) Sub-paragraphs (1) to (3) have effect subject to paragraphs 16 and 20.

(3E) For the purposes of sub-paragraphs (2), (3) and (3B), each of the following is a relevant person in relation to an embryo the creation of which was brought about in vitro (“embryo A”)—

(a) each person whose gametes or human cells were used to bring about the creation of embryo A,

(b) each person whose gametes or human cells were used to bring about the creation of any other embryo, the creation of which was brought about in vitro, which was used to bring about the creation of embryo A, and

(c) each person whose gametes or human cells were used to bring about the creation of any human admixed embryo, the creation of which was brought about in vitro, which was used to bring about the creation of embryo A.]

(4) Any consent required by this paragraph is in addition to any consent that may be required by paragraph 5 above.

Textual Amendments

F1 Words in Sch. 3 para. 6(1) inserted (1.10.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 3 para. 9(2)(a); S.I. 2009/2232, art. 2(w)

F2 Comma in Sch. 3 para. 6(1) inserted (1.10.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 3 para. 9(2)(b); S.I. 2009/2232, art. 2(w)

F3 Words in Sch. 3 para. 6(1) inserted (1.10.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 3 para. 9(2)(c); S.I. 2009/2232, art. 2(w)

F4 Words in Sch. 3 para. 6(1) substituted (1.10.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 3 para. 9(2)(d); S.I. 2009/2232, art. 2(w)

F5 Words in Sch. 3 para. 6(2) substituted (1.10.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 3 para. 9(3)(a); S.I. 2009/2232, art. 2(w)

F6 Words in Sch. 3 para. 6(2) substituted (1.10.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 3 para. 9(3)(b); S.I. 2009/2232, art. 2(w)

F7 Words in Sch. 3 para. 6(3) substituted (1.10.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 3 para. 9(4); S.I. 2009/2232, art. 2(w)

F8 Sch. 3 para. 6(3A)-(3E) inserted (1.10.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 3 para. 9(5); S.I. 2009/2232, art. 2(w)

Commencement Information

I1 Schedule 3 para. 6 wholly in force at 1.8.1991 see s. 49(2) and S.I. 1991/1400, art. 2(2)