Clause 40
Human Fertilisation and Embryology Bill [Lords]
5:45 pm
Evan Harris (Shadow Minister, Innovation, Universities and Skills; Oxford West and Abingdon, Liberal Democrat)
I heard what my hon. Friend said and the fair way in which he put it. Obviously, I could come up with an example that was far removed from the intention of the clause and a direct consequence of the 2003 Act. When that was made law, and if it was to apply to a married couple who may have been married for a year, it would have been wrong not to apply it to a couple who may well have been receiving IVF because the man was infertile, but who had been in a non-married relationship for 20 years and, indeed, had had other children before infertility intervened on the man. There would therefore have had to be a parallel provision for unmarried men in the case of deceased fathers.
We must remember that such a provision was sought by Diane Blood, who campaigned hard for it. She was supported by the newspapers that often worry about fatherhood, but they were very clear that it was appropriate in those circumstances. We can always say that that means that such provisions could apply to someone who was not in an intimate relationship, who had known the woman for only a short time, but who had been treated together with her and then died. I do not know whether there would ever be such a case. In the end, we cannot design legislation to fit the most extreme cases.