<![CDATA[PollenTree IVF]]> https://www.pollentree.com/feed/ Mon, 21 Oct 2019 19:47:55 +0000 PollenTree en http://blogs.law.harvard.edu/tech/rss <![CDATA[A Legal History of IVF]]> https://www.pollentree.com/ivf/a-legal-history-of-ivf https://www.pollentree.com/ivf/a-legal-history-of-ivf



1978    
             
The first IVF baby, Louise Brown, was born in Bristol at the Oldham and District General Hospital in 1978 but it was some 12 years before any proper regulation of this new field of human reproduction was put in place.


1990  
           
The Human Fertilisation and Embryology Act was passed to regulate the creation, keeping and use of embryos outside the human body as well as the storage of eggs and sperm for assisted reproduction.


1991   
         
Human Fertilisation and Embryology Authority (HFEA) was established in 1991 to regulate the creation of embryos outside the human body and the storage or use of embryos, eggs and sperm.


1994  
           
Legislation in the form of the Parental Orders (Human Fertilisation and Embryology) Regulations 1994 allowed 'parental orders' to be made for the non-carrying partner in egg or sperm implantation so they would be regarded as the legitimate father of the child.


2001 
           
Legislation was passed to allow the creation of 'cloned' embryos for stem cell derivation.


2003 
            
Legislation (the Human Fertilisation and Embryology (Deceased Fathers) Act 2003) allowed deceased fathers of a child conceived after his death (but using sperm donated before his death) to be registered on the child's birth certificate. This was as a result of a long campaign by Diane Blood.  The father’s consent for his sperm to be used must have been given in writing before his death. The registration also does not give the child any legal status or rights against the father or his estate.


2004 
            
Legislation in the form of  the Human Fertilisation and Embryology Authority (Disclosure of Donor Information) Regulations 2004 allowed a child born by donated sperm eggs or embryos to obtain certain information about the donor. The information that the child is entitled to as of right is information about the donor's sex, height, weight, ethnic group (including the donors parents ethnic group), whether the donor was adopted, eye colour, hair colour, skin colour, religion, occupation, interests and skills and why they decided to become a donor, their year of birth, country of birth, marital status and the sex and number of any children that the donor has. The child is entitled to this information when they reach 18. From April 2005 any information which donors supply about their actual identity can also be disclosed if specifically requested by the child and this includes the donors name, date of birth and address.


2007 
            
The EU Tissue Directive led to the Human Fertilisation and Embryology (Quality and Safety) Regulations 2007 which provided that licences must also be obtained for non-medical fertility services. This was directed at internet based businesses that arrange for donated sperm to be delivered to women at home for self-insemination. 


2008
Human Fertilisation and Embryology Act 2008

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Mon, 20 Jun 2011 07:53:26 +0000
<![CDATA[Human Fertilisation and Embryology Act 2008]]> https://www.pollentree.com/ivf/human-fertilisation-and-embryology-act-2008-347 https://www.pollentree.com/ivf/human-fertilisation-and-embryology-act-2008-347


Set out below are some of the major changes which were made to the law in this area:
 

  • Certain types of embryos which contain both human and animal DNA (known as “human admixed embryos”) are permitted for medical research but a licence is needed to create such embryos. 

  • Increases the maximum storage time for embryos to a ten year limit (without any conditions). This brings it into line with the storage of donated eggs and sperm.

  • Sex selection (selecting embryos to implant on the basis of their sex) is permitted but only for medical reasons and only for conditions which are linked to sex chromosomes such as Duchenne Muscular Dystrophy or where there is a strong family history of breast cancer. 

  • The Act removes any doubt about whether fertility treatment can be offered to same sex couples and single women. The new law allows lesbians and single women to receive treatment. 

  • The previous law required that when offering fertility treatment clinics should give consideration to “the need of that child for a father”. The Act changed this emphasise to considering the child’s need for “supportive parents”. 

  • Any woman receiving treatment must be given a suitable opportunity to receive counselling as must her partner and this must be offered before treatment and they must also be given relevant information which must include (in the case of couples using donated eggs or sperm) the importance of informing any child born that they were donor conceived and doing this at the earliest opportunity. The information will give details of ways to inform the child.

  • Under the previous law a couple seeking treatment had to consent to the storage of embryos or use of donated sperm or eggs. The Act introduced a “cooling off period” where one of the parties (e.g. partner or donor) withdraws their consent. The embryo will continue to be stored and will not be destroyed for a year. This allows the parties to try to reach a private resolution to the conflict. This cooling off period also applies to single women seeking fertility treatment where the donor withdraws consent.

  • Under the new law in order for a man to be regarded as the father at the time the woman is artificially inseminated, the couple must have given notices of consent to the clinic to him being treated as the father and neither must have withdrawn their consent and the woman must not have served a cross notice consenting to another man being named as the father. However after transfer of the embryo neither the man nor the woman can withdraw consent. However if the woman does not conceive and a new cycle of treatment begins consent can be withdrawn to the man being treated as the father for the new cycle.

  • The law has changed so that where a female who is in a civil partnership gives birth to a child by assisted reproduction (anywhere in the world) and using a clinic, she will be the mother of the child and her partner will be regarded as the other parent (unless she did not consent to the treatment). The partner will also automatically have parental responsibility. For same sex females who are not in a civil partnership the other partner will be regarded as the parent if treatment was in a UK licensed clinic and the couple signed notices of consent to the other partner being treated as a parent (before transfer of the embryo). However the other partner will need to obtain parental responsibility by either being named on the birth certificate, entering into a signed parental agreement with her partner or applying for a court order. 


  • Civil partners, unmarried couples and same sex couples who are not in a civil partnership can apply to the court for a parental order formally recognising them as the legal parents. Previously only married couples could apply.

  • Under the previous law a donor conceived person could apply for information about the identity of the donor. The Act now allows this information to be requested from the age of 16 instead of 18. However this only applies to non-identifying information (e.g. sex of the donor, hair colour etc) Any identifying information can only be obtained from age 18.

  • A donor conceived person is also allowed to apply for information about the number, sex and year of birth of any half siblings also conceived using donated eggs or sperm. This information can be obtained from age 16.

  • A donor conceived person is also allowed to find out whether they are related to someone they propose to marry, enter a civil partnership or a relationship with. However their partner will also need to give consent to the release of this information. There is no age limit connected to requesting this information.

  • The Human Fertilisation and Embryology Authority (HFEA) has new powers to inform a donor that a donor-conceived person has requested information about him/her.

  • Donors themselves are now allowed to request information about the number, sex and year of birth of children born as a result of their donated sperm/eggs.
This Act represents a major shift towards recognising the rights of all of those wishing to conceive by alternative methods.

 

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Mon, 20 Jun 2011 06:48:25 +0000
<![CDATA[A Brief History of Canadian IVF law]]> https://www.pollentree.com/ivf/a-brief-history-of-canadian-ivf-law https://www.pollentree.com/ivf/a-brief-history-of-canadian-ivf-law

2004 - Assisted Human Reproduction (AHR) Act  provides the first comprehensive law on human reproduction and the aim is to promote an altruistic system which has the health and well-being of the child as the primary concern and seeks to promote free and informed consent. The Act came into force on 22nd April 2004 (although some provisions are not fully in force). It prevents human cloning, genetic alteration and sex selection. It aims to prevent the commercialisation of reproduction. Under the Act counselling services are to be made available. Human cloning is banned as is genetic alteration or sex selection. In addition no embryo can be kept outside the body of a female after its 14th day of development.     


2006 - the Assisted Human Reproduction Canada (AHRC) which was set up to administer and enforced  the law on Assisted Human Reproduction.    


2007 – Section 8 of the 2004 Act becomes law. Under this section no human reproductive material can be used to create an embryo without the written consent of the actual donor.

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Wed, 22 Jun 2011 02:06:05 +0000
<![CDATA[Legal FAQs for IVF]]> https://www.pollentree.com/ivf/legal-faqs-for-ivf-289 https://www.pollentree.com/ivf/legal-faqs-for-ivf-289 What is IVF?  
IVF (in vitro fertilisation) is where a woman's eggs are fertilised by sperm outside of her womb (in vitro). Ovulation is controlled using hormone treatment, the eggs are then removed from the woman's ovaries and fertilised by sperm in a laboratory. The fertilised egg (embryo) is then transferred to the woman's uterus in the hope that it will lead to a successful pregnancy.


What fertility problems can be treated using IVF?
 
Women with the following fertility problems may benefit from IVF treatment e.g.:  
• Blocked or damaged fallopian tubes
• Severe endometriosis
• Abnormal uterus shape
• Fibroid tumours which are blocking the uterus
• Women whose partners have a low sperm count  


Can I receive treatment on the NHS?  
Yes. The National Institute for Health and Clinical Excellence (NICE) recommends that ‘suitable couples’ should receive up to three cycles of IVF treatment on the NHS. ‘Suitable couples’ are taken to be those aged between 23-39 (recommendation by NICE) and those couples who do not have children of their own or from a previous relationship.  


Do I need the consent of my partner who is to be the father of the child before I can start IVF?  
Under the new law in order for a man to be regarded as the father at the time the woman is artificially inseminated, the couple must have given notices of consent to the clinic to him being treated as the father and neither must have withdrawn their consent and the woman must not have served a cross notice consenting to another man being named as the father. However after transfer of the embryo neither the man nor the woman can withdraw consent. However if the woman does not conceive and a new cycle of treatment begins consent can be withdrawn to the man being treated as the father for the new cycle. These changes are expected to come in to force on 6th April 2009.    


Can someone who is single or in a same sex relationship be treated for IVF?
 
Most clinics have traditionally only treated heterosexual couples because previously the law required clinics to ‘consider the needs of the child for a father’ when offering IVF. The position will change in April 2009 under the Human Fertilisation and Embryology Act 2008. The Act will remove any doubt about whether fertility treatment can be offered to same sex couples and single women. The new law will allow lesbians and single women to receive treatment and removes the need for clinics to consider the need of the child for a father. Instead the Act changes this emphasise to considering the child’s need for “supportive parents”.     


In a civil partnership which woman be regarded as the mother of the child?
   
Under the 2008 Act where a female who is in a civil partnership gives birth to a child by assisted reproduction (anywhere in the world) and using a clinic, she will be the mother of the child and her partner will be regarded as the second parent (unless she did not consent to the treatment). The partner will also automatically have parental responsibility. 


I have not gone through a civil partnership but I am part of a same sex couple. Which one of us will be regarded as the mother?
 
For same sex females who are not in a civil partnership the other partner will be regarded as the parent if treatment was in a UK licensed clinic and the couple signed notices of consent to the other partner being treated as a parent (before transfer of the embryo). However the other partner will need to obtain parental responsibility by either being named on the birth certificate, entering into a signed parental agreement with her partner or applying for a court order. These changes come into force on 6th April 2009.    


Will my partner appear on the birth certificate automatically?
 
As from 6th April under new rules brought in by the Human Fertilisation and Embryology Authority married couples and same sex couples in civil partnerships who underwent IVF through a clinic will automatically have their partners named on the birth certificate if they are using the partner’s sperm/eggs (unless the partners does not consent to being named as the second parent). The partner must not be a close relative however.   For those married couples or civil partners using donated sperm/eggs both will need to sign special consent forms before the second parent can appear on the birth register.  


Will I have the same rights if I do not use a clinic but use artificial insemination at home?
 
Same sex couples who conceive with donor sperm at home will not automatically be entitled to have their partner added to the birth certificate even if they are in a civil partnership.    


How will I be legally recognised as the parent of a child born through IVF if I cannot automatically be added to the child’s birth certificate?
 
From 6th April 2009 Civil partners, unmarried couples and same sex couples who are not in a civil partnership will under the new law are able to apply to the court for a parental order formally recognising the non conceiving partner as the legal parent and this will then entitle them to be added to the birth certificate.


I am a single woman, will this mean the donor will be registered on the birth certificate?
 
Single women receiving treatment through a clinic will automatically be the mother. The donor will not be registered as the father. ]]>
Wed, 15 Jun 2011 06:56:54 +0000