http://www.legislation.gov.uk/id/ukpga/1990/37/schedule/3

http://www.legislation.gov.uk/ukpga/1990/37/schedule/3/paragraph/11B

Human Fertilisation and Embryology Act 1990

An Act to make provision in connection with human embryos and any subsequent development of such embryos; to prohibit certain practices in connection with embryos and gametes; to establish a Human Fertilisation and Embryology Authority; to make provision about the persons who in certain circumstances are to be treated in law as the parents of a child; and to amend the Surrogacy Arrangements Act 1985.

1990-11-01

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Statute Law Database

2022-09-20

Expert Participation

2022-07-01

SCHEDULES

I1 SCHEDULE 3 Consents to use F1OR STORAGE OF GAMETES, EMBRYOS OR HUMAN ADMIXED EMBRYOS ETC

Annotations:

Commencement Information

Schedule 3 wholly in force at 1.8.1991 see s. 49(2) and S.I. 1991/1400, art. 2(2)

Amendments (Textual)

Words in Sch. 3 heading substituted (1.10.2009) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 3 para. 2; S.I. 2009/2232, art. 2(w)

F2Renewal of consent to storage of gametes

Annotations:

Amendments (Textual)

Sch. 3 paras. 11A-11D and cross-headings inserted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(3), Sch. 17 para. 7(4) (with Sch. 17 Pt. 2)

11B

1

For the purposes of paragraph 11A, each of the following is a “consent period”—

a

the period of 10 years beginning with the relevant day, and

b

each successive period of 10 years.

2

In sub-paragraph (1)(a) “relevant day” means—

a

the day on which the gametes are first placed in storage, or

b

in a case where sub-paragraph (3) or (5) applies, the day on which P gives consent to the storage of the gametes.

3

This sub-paragraph applies where the gametes are taken from or provided by P before P attains the age of 18 years and, at the time the gametes are first stored—

a

P has not attained the age of 16 years and is not competent to deal with the issue of consent to storage of the gametes, or

b

P has attained that age but, although not lacking capacity to consent to the storage of the gametes, is not competent to deal with the issue of consent to their storage.

4

In relation to Scotland, sub-paragraph (3) is to be read as if, for paragraphs (a) and (b), there were substituted “P does not have capacity (within the meaning of section 2(4) of the Age of Legal Capacity (Scotland) Act 1991) to consent to storage of the gametes”.

5

This sub-paragraph applies where the gametes are taken from or provided by P after P attains the age of 16 years and, at the time the gametes are first stored, P lacks capacity to consent to their storage.

6

In paragraph 11A “the renewal period”, in relation to a consent period, means the period which—

a

begins 12 months before the end of the consent period, and

b

ends 6 months after the end of the consent period.

7

In paragraph 11A “certified” means certified in writing by a registered medical practitioner.

8

In paragraph 11A and this paragraph, in relation to Scotland, references to a person lacking or having capacity to consent or renew consent are to be read as references to the person being or not being incapable (within the meaning of section 1(6) of the Adults with Incapacity (Scotland) Act 2000) of consenting or renewing consent.