Proposals to modernise fertility law in the UK

In November 2023, the Human Fertilisation and Embryology Authority (HFEA) published recommendations1 for changes to the Human Fertilisation and Embryology Act.2 The HFEA regulates fertility treatments and embryo research in the UK.

The recommendations were informed by a public consultation process during which the HFEA heard from patients, professionals and others with an interest in the regulations. The consultation ran from February - April 2023 and received just over 6800 responses. The recommendations focus on four main areas that the HFEA consider to be in need of modernisation within the Act – patient protection and safety; consent; access to donor information; and future scientific developments and innovation.

The Authority proposes that it should be given greater freedom and flexibility to promote patient safety and good practice. For example, through a wider range of regulatory enforcement powers, including financial penalties.

Another set of recommendations aim to simplify consent processes, enable information sharing between clinics and NHS central records (with an option for patients to opt out); and allow patients donating embryos to consent to embryo banking.

The HFEA has also proposed to remove donor anonymity and enable parents of a donor conceived child to access identifying information about the donor at any point from birth. This represents a significant departure from the current law, under which donor-conceived children can apply to access identifying information about their donor only when they turn 18. According to a public statement by the Authority, this aims to …