Human Reproductive Technology Act 1991

For the purposes of the licence condition referred to in section 33(2)(e) —

the gametes of a person shall not be used, or for such a use be received by a licensee or participant, unless —

there is an effective consent, by that person, to the gametes being so used; and

the gametes are used in accordance with that consent;

the gametes of a person shall not be kept in storage unless —

there is an effective consent, by that person, to the storage; and

the gametes are stored in accordance with that consent;

the gametes of a person shall not be used in an in vitro fertilisation procedure unless there is an effective consent, by that person, to any human egg undergoing fertilisation or human embryo thereby derived being used for a consequential purpose authorised by this Act;

where the development of an egg undergoing fertilisation or a human embryo was brought about by an in vitro fertilisation procedure it shall not be kept in storage unless —

there is an effective consent, by each person from whose gametes the egg or embryo was derived, to the storage; and

the egg or embryo is stored in accordance with that consent;

where the development of a human egg undergoing fertilisation or a human embryo was brought about by an in vitro fertilisation procedure, it shall not be used for any purpose, or for such a purpose be received by a licensee or participant, unless —

there is an effective consent, by each person from whose gametes the egg or embryo was derived, to the use for that purpose; and

in the case of a use outside the body of a woman, there is an effective consent to the use for that purpose by the woman on whose behalf it is being developed and her spouse or de facto partner, if any; and

in the case of implantation in the body of a woman, there is an effective consent to the implantation by the woman and her spouse or de facto partner, if any; and

the purpose is authorised by this Act; and

that egg or embryo is used in accordance with that consent,

Where a consent is given in general terms to the use or storage of human gametes separately, whether human eggs or human sperm, that consent shall be taken to relate to the use or storage of any of those eggs or sperm, and also to any human egg undergoing fertilisation or human embryo derived from the use of the human gametes, for any purpose, save that —

any such consent may be given subject to specific conditions in its terms; and

notwithstanding subsection (4) or that a human egg undergoing fertilisation or a human embryo, may have developed which is derived from the use of human gametes the subject of any particular consent, in so far as it relates to any human egg or human sperm that has not been used that consent may be varied or withdrawn,

The terms of any effective consent may from time to time be varied or the consent withdrawn, unless subsection (4) applies, by notice given by the person who gave the consent to the person keeping the human gametes, human eggs undergoing fertilisation or human embryos to which the consent is relevant.

The terms of any effective consent to the use of any human gametes, a human egg undergoing fertilisation or a human embryo can not be varied, and such a consent can not be withdrawn, once the gametes have, or that egg or embryo has, been used.

A consent to the use of a human egg undergoing fertilisation or a human embryo must specify the purposes for which the egg or embryo may be used and may specify conditions subject to which the egg or embryo shall or shall not be used.

A consent to the keeping of any human gametes, a human egg undergoing fertilisation or a human embryo must —

specify the maximum period of storage, if that is to be less than such limit as may be prescribed or may be determined in accordance with section 24(1)(b); and

give instructions as to what is, subject to this Act, to be done with the gametes, the egg or the embryo if the person who gave the consent is unable by reason of incapacity or otherwise to vary the terms of the consent or to withdraw it,

Before a licensee gives effect to a consent given for the purposes of this Act the licensee shall ensure that each participant has been provided with a suitable opportunity to receive —

proper counselling about the implications of the proposed procedures; and

such other relevant and suitable information as is proper or as may be specifically required by the Code or directions,

For the purposes of this Act a consent to the use or keeping of any human gametes, a human egg undergoing fertilisation or a human embryo shall not be taken to be effective unless —

it is given in writing; and

any condition to which it is subject is met; and

it has not been withdrawn; and

those gametes are, or that egg or embryo is, kept and used in accordance with the consent.

Where a consent required by or under this Act is not given, or is not effective, or is not complied with that matter may be a cause for disciplinary action or proceedings for an offence but does not necessarily affect the rights of any person.