Human Fertilisation and Embryology Act 2008
At a glance
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Schedules
Browse 128 other Schedules — structural / supplementary
After paragraph 4 (appointment of members) insert— (1) A person (“P”) is disqualified for being appointed as...
In paragraph 5— (a) after sub-paragraph (4), insert—
Schedule 2 to the 1990 Act (activities for which licences...
(1) Paragraph 1 (licences for treatment) is amended as follows....
After paragraph 1 insert— Embryo testing (1) A licence under paragraph 1 cannot authorise the testing...
In paragraph 1A (licences for non-medical fertility services) after sub-paragraph...
In paragraph 2 (licences for storage)— (a) after sub-paragraph (1)...
For paragraph 3 substitute— Licences for research (1) A licence under this paragraph may authorise any of...
Schedule 3 to the 1990 Act (giving of consent to...
(1) Paragraph 7 (embryos obtained by lavage etc.) is amended...
(1) Paragraph 8 (storage of gametes and embryos) is amended...
After paragraph 8 insert— Cases where consent not required for...
After paragraph 11 (as inserted by paragraph 12 above) insert—...
After paragraph 14 (as inserted by paragraph 13 above) insert—...
After paragraph 21 (as inserted by paragraph 14 above) insert—...
In the title to that Schedule, for “OF GAMETES OR...
For paragraph 1 substitute— (1) A consent under this Schedule, and any notice under...
(1) Paragraph 2 (terms etc. of consent) is amended as...
In paragraph 3 (procedure for giving consent), in sub-paragraph (2),...
(1) Paragraph 4 (variation and withdrawal of consent) is amended...
After paragraph 4 insert— (1) This paragraph applies where— (a) a permitted embryo, the...
In paragraph 5 (use of gametes for treatment of others),...
(1) Paragraph 6 (in vitro fertilisation and subsequent use of...
(1) In the Schedule to the Population (Statistics) Act 1938...
(1) Section 29A of the Births and Deaths Registration Act...
(1) Section 3A of the Births, Deaths and Marriages (Special...
At the end of section 5 of the Registration of...
In section 25 of the Family Law Reform Act 1969...
In section 1 of the Congenital Disabilities (Civil Liability) Act...
In section 4 of the Congenital Disabilities (Civil Liability) Act...
After section 2 of the Legitimacy Act 1976 (legitimation by...
In section 3 of the Legitimacy Act 1976 (legitimation by...
In section 9 of the Legitimacy Act 1976 (re-registration of...
In section 10 of the Legitimacy Act 1976 (interpretation), in...
In section 1 of the Births and Deaths Registration Act...
In section 65 of the Magistrates' Courts Act 1980 (meaning...
In Schedule 1 to the Supreme Court Act 1981 (distribution...
In section 50 of the British Nationality Act 1981 (interpretation)...
In section 56 of the Family Law Act 1986 (declarations...
(1) Section 1 of the Family Law Reform Act 1987...
(1) Section 18 of the Family Law Reform Act 1987...
(1) Section 2 of the Children Act 1989 (parental responsibility...
After section 4 of the Children Act 1989 insert— Acquisition...
(1) Section 12 of the Children Act 1989 (residence orders...
In section 91 of the Children Act 1989 (effect and...
In section 2 of the Births and Deaths Registration Act...
In section 104 of the Children Act 1989 (regulations and...
In section 105 of the Children Act 1989 (interpretation), in...
(1) Schedule 1 to the Children Act 1989 (financial provision...
(1) Section 32 of the 1990 Act (information to be...
In section 34 of the 1990 Act (disclosure in the...
(1) Section 35 of the 1990 Act (disclosure of information...
In section 26 of the Child Support Act 1991 (disputes...
In section 63 of the Family Law Act 1996 (definition...
In Schedule 2 to the Access to Justice Act 1999...
(1) Section 51 of the Adoption and Children Act 2002...
In section 9(4) of the Births and Deaths Registration Act...
In section 27 of the Mental Capacity Act 2005 (family...
In section 110(1) of the Children and Young Persons (Scotland)...
In section 14 of the Registration of Births, Deaths and...
For section 18ZA of the Registration of Births, Deaths and...
After section 18A of the Registration of Births, Deaths and...
In section 20 of the Registration of Births, Deaths and...
In section 9(1)(c)(ii) of the Family Law (Scotland) Act 1985...
In section 27(1) of the Family Law (Scotland) Act 1985...
In section 1(1) of the Children (Scotland) Act 1995 (parental...
In section 2(1) of the Children (Scotland) Act 1995 (parental...
(1) Section 10 of the Births and Deaths Registration Act...
(1) Section 3 of the Children (Scotland) Act 1995 (provisions...
After section 4 of the Children (Scotland) Act 1995 insert—...
(1) Section 11 of the Children (Scotland) Act 1995 (court...
In section 12(4)(b) of the Children (Scotland) Act 1995 (meaning...
In section 15(1) of the Children (Scotland) Act 1995 (interpretation...
In section 1(1) of the Criminal Law (Consolidation) (Scotland) Act...
(1) Section 30 of the Adoption and Children (Scotland) Act...
(1) Section 1 of the Legitimacy Act (Northern Ireland) 1928...
(1) Section 8 of the Legitimacy Act (Northern Ireland) 1928...
In section 11 of the Legitimacy Act (Northern Ireland) 1928...
For section 10ZA of the Births and Deaths Registration Act...
(1) Article 10 of the Births and Deaths Registration (Northern...
After Article 14 of the Births and Deaths Registration (Northern...
For Article 14A of the Births and Deaths Registration (Northern...
(1) Article 18 of the Births and Deaths Registration (Northern...
(1) Article 19 of the Births and Deaths Registration (Northern...
In Article 20 of the Births and Deaths Registration (Northern...
In Article 37 of the Births and Deaths Registration (Northern...
In Article 13 of the Family Law Reform (Northern Ireland)...
(1) Article 15 of the Adoption (Northern Ireland) Order 1987...
In Article 27 of the Child Support (Northern Ireland) Order...
(1) Section 10A of the Births and Deaths Registration Act...
In Article 2 of the Children (Northern Ireland) Order 1995,...
(1) Article 5 of the Children (Northern Ireland) Order 1995...
(1) Article 7 of the Children (Northern Ireland) Order 1995...
In Article 8 of the Children (Northern Ireland) Order 1995...
(1) Article 12 of the Children (Northern Ireland) Order 1995...
(1) Article 155 of the Children (Northern Ireland) Order 1995...
In Article 179 of the Children (Northern Ireland) Order 1995...
(1) Schedule 1 to the Children (Northern Ireland) Order 1995...
(1) Paragraph 1 of Schedule 6 to the Children (Northern...
In Article 2 of the Family Homes and Domestic Violence...
In section 13 of the Births and Deaths Registration Act...
(1) Section 14 of the Births and Deaths Registration Act...
In section 4 of the Congenital Disabilities (Civil Liability) Act...
(1) Section 31A of the 1990 Act (the Authority's register...
In section 32 of the 1990 Act (information to be...
In section 34 of the 1990 Act (disclosure in the...
In section 47 of the 1990 Act (index)—
In section 48 of the 1990 Act (application to Northern...
In Schedule 1 to the 1990 Act (the Authority: supplementary...
In section 2 of the Age of Legal Capacity (Scotland)...
In section 15 of the Children (Scotland) Act 1995 (interpretation...
After section 84 of the Adults with Incapacity (Scotland) Act...
In section 57 of the Criminal Justice and Police Act...
In section 2 of the 1990 Act (other terms)—
In section 66 of the Criminal Justice and Police Act...
In Schedule 1 to the Criminal Justice and Police Act...
In section 1 of the Human Tissue Act 2004 (authorisation...
In section 14 of the Human Tissue Act 2004 (remit...
In section 54 of the Human Tissue Act 2004 (general...
In section 30 of the Mental Capacity Act 2005 (research),...
In section 7 of the 1990 Act (reports to Secretary...
Omit section 10 of the 1990 Act (licensing procedure).
In section 13A of the 1990 Act (conditions of licences...
In section 14A of the 1990 Act (conditions of licences:...
In section 15 of the 1990 Act (conditions of research...
Omit section 22 of the 1990 Act (temporary suspension of...
In section 23 of the 1990 Act (directions: general)—
Browse 70 other sections — procedural / definitional / commencement
Meaning of “embryo” and “gamete”
Meaning of “nuclear
Prohibitions in connection with embryos
Prohibitions in connection with genetic material not of human origin
Membership of Authority: disqualification and tenure
Additional general functions of Authority
Duties in relation to carrying out its functions
Power to contract out functions
Power to assist other public authorities
Power to delegate and establish committees
Activities that may be licensed
General conditions of licences
Consent to use or storage of gametes, embryos, human admixed embryos etc.
Conditions of licences for treatment
Conditions of storage licences
Grant of licence
The person responsible
Revocation and variation of licence
Procedure for refusal, variation or revocation of licence
Power to suspend licence
Reconsideration and appeals
Directions
Code of practice
Register of information
Restrictions on disclosure of information
Mitochondrial donation
Fees
Inspection, entry, search and seizure
Offences under the 1990 Act
Regulations under the 1990 Act
Power to make consequential provision
Orders under the 1990 Act
Meaning of “mother”
Application of sections 35 to 47
Woman married to , or civil partner of, a man at time of treatment
Treatment provided to woman where agreed fatherhood conditions apply
The agreed fatherhood conditions
Further provision relating to sections 35 and 36
Use of sperm, or transfer of embryo, after death of man providing sperm
Embryo transferred after death of male spouse, civil partner or intended parent who did not provide sperm
Persons not to be treated as father
Woman in civil partnership or marriage to a woman at time of treatment
Treatment provided to woman who agrees that second woman to be parent
The agreed female parenthood conditions
Further provision relating to sections 42 and 43
Embryo transferred after death of female spouse, civil partner or intended parent
Woman not to be other parent merely because of egg donation
Effect of sections 33 to 47
Meaning of references to parties to a marriage
Meaning of references to parties to a civil partnership
Meaning of “relevant register of births”
Late election by mother with consent of Registrar General
Interpretation of references to father etc.
Parental orders: two applicants
Parental orders: one applicant
Parental orders: supplementary provision
Amendments relating to parenthood in cases involving assisted reproduction
Repeals and transitional provision relating to Part 2
Interpretation of Part 2
Surrogacy arrangements
Exclusion of embryos from definition of “organism” in Part 6 of the EPA 1990
Orders and regulations: general provisions
Orders and regulations: parliamentary control
Meaning of “the 1990 Act”
Power to make consequential and transitional provision etc.
Minor and consequential amendments
Repeals and revocations
Extent
Commencement
Short title
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
HFEA
PrimaryHuman Fertilisation and Embryology Authority
Licences and monitors fertility clinics and research centres in the UK. Regulates the creation, storage, and use of human embryos and gametes.
Human Tissue Authority
Statutory regulator for activities involving human tissue and organs. Licenses establishments that store and use human tissue for purposes including research, transplantation, …
Explore more
Browse legislation
Find other UK business legislation with related guidance.
Regulators
Learn more about the bodies that enforce this legislation.