CH(09)01 - early introduction of legal parenthood provisions

23 February 2009

Dear Colleague

Re: Human Fertilisation and Embryology Act 2008 - early introduction of legal parenthood provisions

The Human Fertilisation and Embryology Bill received Royal Assent in November 2008, becoming the Human Fertilisation and Embryology Act 2008 (“the 2008 Act”). The new Act amends the 1990 Human Fertilisation and Embryology Act (“the 1990 Act”).

The bulk of the new Act will be brought into force on 1 October 2009. However, new provisions relating to legal parenthood will be introduced early, on 6 April 2009.

For same sex couples, these provisions enable the partner of a woman who has a child following IVF or donor insemination to be recognised as the child’s legal parent. In addition, the 2008 Act introduces new provisions for heterosexual couples using donated sperm or embryos. These provisions will replace the concept of being ‘treated together’ under section 28(3) of the 1990 Act.

The 1990 and 2008 Acts require clinics to provide appropriate information, offer counselling and record consent to parenthood. The following documents will help centres comply with these legal obligations, in relation to parenthood, from 6 April 2009. The HFEA has taken into account feedback received during the consultation on the HFEA Code of Practice and consent forms when producing the final versions of these documents:

Guidance note

The guidance note outlines all the mandatory requirements and guidance with which clinics are expected to comply from 6 April 2009 and replaces sections G.6.9 and G.6.10 of the 7th edition of the Code of Practice.

The guidance note includes licence conditions in the ‘Mandatory requirements’ boxes on pages 17-19 (sections 13(6) and 13(6A) – (6E) of the 1990 Act as amended).

Please note that despite these new licence conditions coming into force from 6 April, licences will not be reissued until 1 October 2009. The commencement of the parenthood provisions and a transitional order to be issued by the Secretary of State will have the effect of automatically deeming that these licence conditions apply to centres current licences.

Direction and consent forms

Direction 2009/1 makes it mandatory for centres to use the following consent forms from 6 April 2009:

  • PP – Your consent to being the legal parent
  • WP – Your consent to your partner being the legal parent
  • WC – Withdrawing your consent or stating your lack of consent

The PP form must be completed by the partner (male or female) of a woman receiving treatment with donor sperm or embryos created with donor sperm, if they wish to become the father or legal parent.

The WP form must be completed by women receiving treatment with donor sperm, or embryos created with donor sperm, if they wish their partner (to whom they are not married or with whom they are not in a civil partnership) to be treated as the father or second legal parent.

From 6 April the partners of women receiving treatment who are not married or in a civil partnership will only be recognised as the legal parent if WP and PP forms have been completed before gamete or embryo transfer takes place.

The WC form must be completed by patients, partners and donors when they wish to withdraw consent to:

  • the use of eggs, sperm or embryos; or
  • being the legal parent of any child born as a result of treatment; or
  • a partner being the legal parent of any child being born as a result of treatment.

The WC form should also be used when a partner wishes to state their lack of consent to their wife’or civil partner’s treatment and does not want to be the legal parent of any child born from her treatment with donor sperm or embryos.

Commencement guidance and frequently asked questions

The commencement guidance note gives information about the practical implications of the 6 April commencement date for each type of patient scenario and the various stages of treatment couples may be at on this date.

We have also provided answers to some frequently asked questions, such as, information about the process of birth registration following treatment of same sex couples. 

These documents are available on our website at the following address: www.hfea.gov.uk/areyouready

If you have any enquiries please contact Hannah Darby, Policy Manager on 020 7291 8237 or hannah.darby@hfea.gov.uk

Yours sincerely

Professor Lisa Jardine CBE
Chair

 

Direction

Guidance notes

Consent forms

Frequently asked questions

Page last updated: 17 August 2012