- Latest available (Revised)
- Original (As enacted)
Human Fertilisation and Embryology Act 1990
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes over time for: Section 3
Alternative versions:
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Human Fertilisation and Embryology Act 1990. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 3:
- Sch. 3A para. B1 and cross-heading inserted by S.I. 2024/1091 reg. 2(2)
- Sch. 3A para. 7A inserted by S.I. 2024/1091 reg. 2(5)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Sch. 3A para. B1 and cross-heading inserted by S.I. 2024/1091 reg. 2(2)
- Sch. 3A para. 7A inserted by S.I. 2024/1091 reg. 2(5)
3 Prohibitions in connection with embryos.U.K.
[F1(1)No person shall bring about the creation of an embryo except in pursuance of a licence.
(1A)No person shall keep or use an embryo except—
(a)in pursuance of a licence, or
(b)in the case of—
(i)the keeping, without storage, of an embryo intended for human application, or
(ii)the processing, without storage, of such an embryo,
in pursuance of a third party agreement.
(1B)No person shall procure or distribute an embryo intended for human application except in pursuance of a licence or a third party agreement.]
[F2(2)No person shall place in a woman—
(a)an embryo other than a permitted embryo (as defined by section 3ZA), or
(b)any gametes other than permitted eggs or permitted sperm (as so defined).]
(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, [F3 or]
(c)keeping or using an embryo in any circumstances in which regulations prohibit its keeping or use, F4...
F4(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 [F5the day on which the process of creating the embryo began], not counting any time during which the embryo is stored.
Textual Amendments
F1S. 3(1)-(1B) substituted (25.5.2007 for certain purposes, otherwise 5.7.2007) for s. 3(1) by The Human Fertilisation and Embryology (Quality and Safety) Regulations 2007 (S.I. 2007/1522), regs. 1, 8
F2S. 3(2) substituted (1.10.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 3(2), 68(2); S.I. 2009/2232, art. 2(a)
F3Word in s. 3(3)(b) inserted (1.10.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 3(3)(a), 68(2); S.I. 2009/2232, art. 2(a)
F4S. 3(3)(d) and preceding word repealed (1.10.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 3(3)(b), 68(2), Sch. 8 Pt. 1; S.I. 2009/2232, art. 2(a)
F5Words in s. 3(4) substituted (1.10.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), ss. 3(4), 68(2); S.I. 2009/2232, art. 2(a)
Commencement Information
I1S. 3 wholly in force at 1.8.1991 see s. 49(2) and S.I. 1991/1400, art. 2(2)
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Cross Heading
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.