(Except clauses 4, 11, 14 and 23, Schedule 2, and any new Clauses or new Schedules relating to the termination of pregnancy by registered medical practitioners) - Schedule 3
Human Fertilisation and Embryology Bill [Lords]
1:00 pm
“Cases where consent not required for use in research to preserve fertility
9A (1) The gametes of a person (‘the child donor’) may be kept in use without the child donor’s consent if the following conditions are met.
(2) Condition A is that the gametes are lawfully taken from or provided by the child donor before the child donor attains the age of 18 years.
(3) Condition B is that, before the gametes are used, a registered medical practitioner certifies in writing that the child donor is expected to undergo medical treatment and that in the opinion of the registered medical practitioner—
(a) the treatment is likely to cause a significant impairment of the fertility of the child donor,
(b) the use of the gametes is in the best interests of the child donor, and
(c) the use of the gametes for research is necessary to preserve the fertility of the child donor.
(4) Condition C is that, at the time when the gametes are used, either—
(a) the child donor has not attained the age of 16 years and is not competent to deal with the issue of consent to the use of the gametes, or
(b) the child donor has attained that age but, although not lacking capacity to consent to the use of the gametes, is not competent to deal with the issue of consent to their use.
(5) Condition D is that the child donor has not, since becoming competent to deal with the issue of consent to the use of the gametes—
(a) given consent under this Schedule to the use of the gametes, or
(b) given written notice to the person keeping the gametes that he does not wish them to be used.
(6) In relation to Scotland, subparagraphs (1) to (5) are to be read with the following modifications—
(a) in subparagraph (2), for ‘18’ substitute ‘16’,
(b) for subparagraph (4), substitute—
‘(4) Condition C is that, at the time when the gametes are used, the child donor does not have capacity (within the meaning of section 2(4) of the Age of Legal Capacity (Scotland) Act 1991 (c. 50)) to consent to the use of the gametes.’, and
(c) in subparagraph (5), for ‘becoming competent to deal with the issue of consent to the use of the gametes’ substitute ‘acquiring such capacity’.”’.
Government amendments Nos. 100 to 102.
Amendment (a) to Government amendment No. 102, in proposed new paragraph 15G(1)(a), leave out ‘to a significant extent’.
Amendment (b) to Government amendment No. 102, in proposed new paragraph 15G(3)(b), leave out ‘have any reason to believe’ and insert ‘know’.
Amendment No. 7, in schedule 3, page 66, line 5, at end add—
‘13A After paragraph 15 (as inserted by paragraph 13 above) insert—