Statement regarding verdict at Southwark Crown Court
17 September 2010
The HFEA welcomes the judgment in this case. It protects vulnerable women from exploitation and sends a very clear message as to the legality of such sites and those who would behave in a criminal fashion. We will be writing to similar sites to remind them that if they want to continue in business they must apply for a licence and change their practice to meet the legal requirements. Where appropriate we will refer such sites to the police.
Those running such sites not only exploit women at a very difficult time but they also put them at a number of potential risks. There is no guarantee the sperm sample from an unlicensed internet site is either safe or screened and the donor may not be who they say they are. By using such unregulated services people may also be disadvantaging their child and themselves.
People who use unlicensed services or private arrangements face potential serious consequences regarding the fatherhood of any child conceived. A man donating sperm through HFEA licensed fertility clinics is not the legal father of any child born through that donation. This includes cases where the donor is known to the recipient. That is not so where the arrangement occurs outside a licensed clinic and the man’s status and liability as a parent cannot be waived.
Later in life, only treatment through a licensed centre can offer the parent or child secure information about the genetic history of the father, which may be invaluable if a child becomes ill. And only a licensed treatment can provide the child born of the donation with the legal guarantee that they can, if they wish, find out who their father is.
Prof Lisa Jardine, Chair of the HFEA said:
“We understand why women may use these sites. Getting access to fertility services can be difficult and there can be some very strong emotional pressures when trying to start a family. But unlicensed internet sites like these are exploiting women. This is a victory for those women. We will continue to work with the police to prevent more women from being exploited by those who choose to break the law.”
Ends
Notes to editors
- The HFEA is the independent regulator for IVF treatment and embryo research. Our role is to protect patients and the public interest, to drive improvement in the treatment and research sectors and to provide information to the public and policymakers about treatment and research.
- The HFEA was set up in August 1991 as part of the Human Fertilisation and Embryology Act 1990. The HFEA’s principal tasks are to license and monitor clinics that carry out in vitro fertilisation (IVF), artificial insemination (AI) and human embryo research. The HFEA also regulates the storage of gametes (eggs and sperm) and embryos.
Page last updated: 17 September 2010