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UK fertility law to drop 'need for a father'; ban sex selection?

17 July 2006
Appeared in BioNews 367

UK Health Minister Caroline Flint has told an evidence session of the House of Commons Science and Technology Committee (STC) that there is 'probably not a case' for maintaining the part of the law that says that clinics must take into account the potential child's 'need for a father' before providing fertility treatments. The evidence session came as part of an ongoing review of existing fertility laws by the UK Government.

Currently, section 13 of the 1990 Human Fertilisation and Embryology (HFE) Act states that a woman should not be offered fertility treatments 'unless account has been taken of the welfare of any child who may be born as a result of treatment (including the need of that child for a father)'. This means that many clinics have been able to use this provision to justify refusal of treatment to single women and lesbian couples. Suzi Leather, chair of the Human Fertilisation and Embryology Authority (HFEA), which regulates the provision of fertility services in the UK has previously publicly stated, in January 2004, that the 'need for a father' requirement is 'nonsense' - however, no specific mention was made of this provision when the HFEA reviewed its guidance on the assessment of the welfare of the child in November last year. In its review of the existing law, the STC called the 'need for a father' requirement 'offensive' to unconventional families.

Giving evidence to the STC, Ms Flint said that the government is 'considering whether the need for a father is something we need to have' adding that it does not believe that fathers are unimportant, but that what was most important is that 'children are going to be, as far as we know, part of a loving family'. Some have speculated that the wording of the HFE Act will simply be changed to state 'including the need of that child for a family', or similar.

Ms Flint also indicated that the Government will propose to formally ban the use of pre-implantation sex-selection techniques, except for medical reasons. A new law will also outline a broad set of principles about when it will be acceptable to use genetic screening on embryos. Last year, the STC recommended that sex-selection for 'family balancing' should be allowed. However, Ms Flint said that the Government feels that there should be a specific ban, because 'I think on family balancing, the problem is it is a slippery slope in terms of people deciding one gender is more important than another'.

Evan Harris, Liberal Democrat MP and member of the STC, welcomed the proposed change to the welfare of the child requirement, saying that removing the 'need for a father' provision would end '16 years of licensed discrimination against solo mothers and lesbian couples'. However, in relation to the potential ban on non-medical sex-selection, he said that 'the State should be giving good reasons before restricting the reproductive choice of adult citizens'. Ms Flint indicated that detailed proposals about other changes to the law are likely to be unveiled 'later in the year', in the form of a White Paper.

Ban expected on choosing sex of baby
The Scotsman |  13 July 2006
Fathers are out of the picture as lesbians get IVF
The Times |  13 July 2006
IVF hurdle for single women and lesbians to be overthrown
The Guardian |  13 July 2006
IVF 'need for father' rule may go
BBC News Online |  13 July 2006
21 February 2011 - by Antony Starza-Allen 
A Liverpool hospital has said it will investigate allegations that one of its doctors had apparently offered to make arrangements for an undercover reporter posing as a prospective patient to undergo a sex-selection procedure for family balancing abroad...
27 May 2008 - by Dr Rachael Panizzo 
The House of Commons has rejected a proposed amendment to the new Human Fertilisation and Embryology (HFE) Bill, requiring fertility clinics to consider the 'need for a father' prior to IVF treatment. After a lengthy debate, MPs voted 292 to 217 against the amendment, a majority of...
23 July 2007 - by Danielle Hamm 
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20 November 2006 - by Antony Starza-Allen 
The UK Government is set to reform laws regulating human embryology and fertility treatment, and is expected to recommend allowing lesbian couples and single mothers equal access to IVF. The proposed reform was contained in the Queen's Speech, delivered last Wednesday: 'Draft proposals will be published to...
30 October 2006 - by Dr Kirsty Horsey 
Research presented at the annual conference of the American Society for Reproductive Medicine (ASRM) in New Orleans last week suggests that women who have children at an advanced age may pass fertility problems on to their daughters. The researchers studied 74 women aged under 35 who...
3 November 2005 - by BioNews 
The UK's Human Fertilisation and Embryology Authority (HFEA) has issued new guidance for IVF clinics on how to consider the welfare of children born following the use of assisted conception techniques. It states that before offering infertility treatment, doctors should take into account the risk of any serious medical, physical...
16 August 2005 - by Ted Webb 
On 16 August 2005 the Department of Health launched a consultation on the review of the Human Fertilisation and Embryology (HFE) Act 1990 - the law regulating fertility treatment, gamete donation, and embryo research in the UK. When it came into force in 1991 the HFE Act was a landmark piece...
16 August 2005 - by BioNews 
The UK's Department of Health (DH) is inviting views on the way that some assisted reproductive technologies (ARTs) are regulated in the UK. Its review forms part of a wider consultation on the Human Fertilisation and Embryology (HFE) Act, passed in 1990, which some say has become out-of-date, 'outstripped' by...
7 April 2005 - by Alan E Masterton 
As a father who has fought to use gender selection, we of course always knew that what we sought for our family was the right thing for our particular circumstances. We never tried to suggest our moral standards were right for everyone. We certainly never tried to impose our moral...
29 March 2005 - by Dr Ian Gibson MP 
When we announced that we were going to undertake a review of the Human Fertilisation and Embryology Act 1990, a lot of people said we were mad. They were absolutely right, of course, but someone had to do it. It was clear to us that the Act and the Human...
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