Schedule 3
Human Fertilisation and Embryology Bill [Lords]
9:00 am
Mark Simmonds (Shadow Minister, Health; Boston and Skegness, Conservative)
I will just make a couple of points about these intriguing amendments to which the hon. Gentleman has spoken. He is absolutely right, and I feel very strongly that there must be effective consent, certainly in writing, for posthumous paternity. It would be very dangerous if we did not stick whenever possible with consent as the cornerstone for the legislation while, at the same time, being extremely sympathetic to individual cases such as that highlighted by the hon. Gentleman. We would be led into the difficult area of property rights and ownership of gametes, of which there is a significant amount of case law in the United States and Australia, but very minimal case law here in the UK.
Will the Minister clarify two issues? First, how quickly do the gametes deteriorate after death—how quickly would they have to be removed? Obviously, it would be very stressful and difficult for the wife or partner of the deceased individual to have to make a rapid decision, as I suspect that it would have to be.
Secondly, is there any difference between the consent for the removal of gametes posthumously and the consent for the removal of organs posthumously, or do the same criteria and consent have to apply?