The Human Fertilisation and Embryology (Supplementary Provision) Order 2009

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision supplementary to section 15(3) of the Human Fertilisation and Embryology Act 2008 (“the 2008 Act”), which amends section 14(4) of the Human Fertilisation and Embryology Act 1990 (“the 1990 Act”). Section 15(3) extends the maximum period that an embryo can be stored for from five years to ten years subject to the period set out in the licence.

This Order makes provision for permitted embryos stored on premises holding a treatment licence where such embryo has, on 1^st October 2009, been stored for more than five years, and where immediately before that date a five year statutory storage period applied to the embryo. Article 2 applies a maximum storage period of ten years to such embryos, provided that they are intended for use in treatment, calculated from the date the embryo was first placed in storage. This new maximum storage period will only apply in relation to storage on, or after, 1st October 2009.