A widow is battling to use sperm taken from the body of her dead husband, in a British legal first. The woman, who cannot be named, wants to use sperm taken from her husband after he died unexpectedly during a routine hospital operation last year. The mother-of-one applied for an emergency court order allowing his sperm to be taken shortly after he died and it is now being stored in a clinic. The law allows sperm only to be used with the written consent of the donor.
A white couple undergoing IVF treatment have had black twins after a blunder at a fertility clinic. It has sparked an unprecedented legal debate over how it could happen and who the 'lawful' parents are. BBC News Online asked Penney Lewis, a lecturer in law at King's College London, about issues surrounding the case.
A couple have spoken of their utter devastation after a fertility clinic mix-up led to their last viable embryo being implanted into another woman. Debra and Paul, from Bridgend, have received damages of about £25,000 after the error in December 2007.
The single greatest change to affect the UK fertility sector in nearly two decades will take place tomorrow, Thursday 1 October, as the new Human Fertilisation and Embryology Act 1990 (as amended) comes into force. Changes which will come into effect with the new legislation include: * increasing the length of time people can store their embryos * a ‘cooling off’ period if one partner withdraws consent for embryo storage * extending information access rights for donor conceived people and donors * opening the Human Fertilisation and Embryology Authority’s (HFEA) Register for research * introducing supportive parenting into the welfare of the child provisions * banning sex selection for non medical reasons * clarifying the scope of embryo research
Mistakes and near misses in fertility treatment are recorded by the Human Fertilisation and Embryology Authority but until now details of the most serious cases have been kept secret. Eight of these mistakes were given grade A status, meaning they were the most serious incidents could involve events such as embryo mix ups, the death of a patient or an incident which affects a number of patients, for example, when a storage unit malfunctions and all embryos are defrosted and lost. In 2007/8 two of the eight grade A incidents involved mix-ups. A spokesman refused to give details but said they could be cases where the wrong sperm was used to fertilise and embryo or the wrong embryo was defrosted for use, but neither involved the implantation of wrong embryos. Last year there were 182 incidents out fo 52,000 cycles of treatment provided in Britain, the HFEA said.
A Parental Order transfers parenthood from the surrogate (and her husband or partner if she has one) to the couple who commission the surrogacy arrangement. Parental Orders are currently available to married couples only. The Human Fertilisation and Embryology Act 2008 enables same sex couples and unmarried couples as well as married couples to apply for a Parental Order. Regulations are necessary to set out the processes for the court to grant Parental Orders. This consultation is on the Draft Human Fertilisation and Embryology (Parental Orders) Regulations. They replace the Parental Orders (Human Fertilisation and Embryology) Regulations 1994 and the Parental Orders (Human Fertilisation and Embryology) (Scotland) Regulations 1994. They will bring the processes for granting Parental Orders more closely into line with updated adoption legislation.
A parental order is made by the family courts and reassigns parenthood after surrogacy, extinguishing the responsibility of the surrogate parents and transferring it to the commissioning couple. The process takes place post-birth: the application must be made within the first six months of the child's life (though the surrogate's consent is ineffective until after the first six weeks) and typically takes many months to be processed by the courts. At present, only married couples can apply, but as from 6 April 2010, unmarried and same sex couples will also be eligible. The Department of Health (DH) is currently consulting on new draft regulations which prescribe the detail of this court process, and which will replace existing regulations that have been in place since 1994. The consultation closes on 23 November.
The new parenthood provisions set out in Part 2 of the Human Fertilisation and Embryology Act 2008 have been attacked as dangerous and radical, offering a 'lego-kit model of family life' and a 'magical mystery tour' in how legal fatherhood is to be determined. In this paper, we explain what is innovative about these new provisions but also explore what they owe to deep-rooted traditional assumptions about the family. Relying both on published documentation relating to this reform process and a small number of key actor interviews, we trace the imprint of what Fineman has described as the 'sexual family' model on the provisions. We conclude that the way that parenthood is framed within the legislation relies on a number of important normative assumptions which received very little scrutiny in this process. We also highlight a number of tensions within this framing which, we suggest, may create future problems for judicial determination.