Two babies

HFEA (The Human fertilisation & Embryology Authority)

The Human Fertilisation & Embryology Authority exists to regulate any clinic which carries out assisted conception procedures involving the removal of eggs and sperm from the body and the transfer of any resulting embryos. It is there to make sure that the patients best interests are looked after and that the clinic maintains a high standard of practice at all times. Every Reproductive Medicine Unit is registered with the HFEA and the registration number for the LGI is 052 and the St. James's Unit is 063.

The HFEA produce a range of leaflets about treatments involving eggs and sperm, as well as a detailed patient guide which contains important information about all clinics in the United Kingdom.

More details can be obtained by contacting the HFEA at:

The Human Fertilisation and Embryology Authority
21 Bloomsbury Street
London
WC1 3HF

Telephone: (020) 7291 8200
Fax: (020) 7291 8201

HFEA Register

The HFEA keep a confidential register of information about donors, patients and treatments. This register was set up on 1 August 1991 and therefore contains information concerning children conceived from licensed treatments from that date onwards.

As from the year 2008, people aged 16+ (if contemplating marriage) or 18, who ask the HFEA, will be told whether or not they were born as a result of licensed assisted conception treatment, and if so, whether they are related to the person they want to marry.

As the law now stands no information about patients, their children and donors will be given out by the Authority, under any circumstances other than those outlined above. The names of the children are not collected. The current law does not allow people who apply for information from the register to know the identity of current or past donors, or of patients and their children. It is a criminal offence to disclose that information.

The kind of information the Authority now collects relates to a donor's appearance, interest and occupation. In the future, Parliament might decide that adults who contact the Authority and learn that they were born as a result of treatment using a donor might be given some non-identifying details about that donor. However, the law as it presently stands and the HFE Act (1990) forbids the names of current and past donors from being disclosed.

*An exception would be if the child was born with a disability as a result of a donor's failure to disclose inherited disease. If they were to sue a clinic for damages, a court might require the HFEA to disclose the donor's identity under the Congenital Disabilities (Civil Liabilities) Act 1976

Welfare of the Child

The Human Fertilisation and Embryology Act (1990) requires that the welfare of the child must be taken into account before any treatment can commence at a licensed centre. This includes the welfare of any child born as a result of the treatment (including the need of that child for a father), and of any other existing child who may be affected by the birth.

Many factors need to be taken into consideration in this assessment including who would be legally responsible for any child born as a result of treatment, and who it is intended will be bringing up the child.

People seeking treatment are entitled to a fair and unprejudiced assessment of their situation and needs. This is conducted with skill and sensitivity appropriate to the delicacy of the case and the wishes and feelings of those involved. The HFE Act does not exclude any category of woman from being considered for treatment. However, in situations where the child will have no legal father the clinic will pay particular attention to the prospective mother's ability to meet the child's needs throughout childhood. Where appropriate, the clinic will consider whether there is anyone else within the prospective mother's family and social circle willing and able to share the responsibility for meeting those needs, and for bringing up, maintaining and caring for the child.

The assessment will involve the centre taking a detailed medical and social history covering:

In addition, where treatment involves the use of donated gametes, the following will be taken into account:

The centre is also required to satisfy itself that the GP of each prospective parent knows of no reason why either might not be suitable for the treatment to be offered. GP's will be asked to provide factual information, medical or otherwise that might have implications for the health or welfare of any resulting child. Written consent will be sought before any contact with a GP is made. This should be given after discussion about these issues and prior reading of the letter/questionnaire that will be sent to the GP's. However, failure to give consent will be a factor that may be taken into account in considering whether or not to offer treatment.

If any of these inquiries give cause for concern, the centre will make further inquiries of any relevant individual, authority or agency as it can. Again, consent will be sought before any contact with these bodies is made. However, failure to give consent will be a factor that may be taken into account in considering whether or not to offer treatment.

The clinician responsible for administering the fertility treatment is responsible for making the final decision about whether or not treatment will be offered. Treatment may be refused on clinical grounds or, if the centre believes that it would not be in the interests of any resulting child, or any child already existing, to provide treatment, or is unable to obtain sufficient information or advice to reach a proper conclusion.

If treatment is refused for any reason, the centre should explain the reasons for this and the factors, if any, which may persuade the centre to reverse its decision. It should also explain the options that remain open and where counselling can be obtained.

Parental Responsibility

Where an unmarried couple is being treated, the male partner will not have 'parental responsibility'. Parental responsibility is defined by the Children Act 1989 as 'all the rights, duties, powers, responsibilities and authority which by law a parent of the child has in relation to the child and his property'. Section two of the Act states:

  1. Where a child's father and mother were married to each other at the time of his birth, they shall each have parental responsibility for the child.
  2. Where a child's father and mother were not married to each other at the time of his birth:
    1. The mother shall have parental responsibility for the child.
    2. The father shall not have parental responsibility for the child, unless he acquires it in accordance with the provisions of the Act.

Unmarried couples are therefore recommended to seek their own legal advice about the male partner's rights and responsibilities in relation to the potential child who may be born as a result of the treatment.

(The Government intend to amend the Children Act 1989 so that an unmarried father who registers his child's birth jointly with the mother will acquire parental responsibility without further formality.)

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