2008
Abstract
An Act to amend the Human Fertilisation and Embryology Act 1990 and the Surrogacy Arrangements Act 1985; to make provision about the persons who in certain circumstances are to be treated in law as the parents of a child; and for connected purposes. The 2008 Act updated the regulatory framework established in 1990 to reflect scientific and social developments. Key changes included: explicit provision for human admixed embryos (cytoplasmic hybrids) for research purposes; recognition of same-sex couples as legal parents following licensed treatment; replacement of the previous 'need for a father' welfare clause with 'supportive parenting'; tightened consent and withdrawal-of-consent provisions following the Evans judgment; expanded scope of pre-implantation genetic testing including saviour-sibling testing; statutory regulation of mitochondrial replacement (later activated via 2015 regulations); and enhanced parental order provisions for surrogacy. The 2008 Act maintained the HFEA's role as licensing authority and registry steward but reorganised offence definitions and licence conditions.