The Role of the Human Fertilisation and Embryology Authority

Abstract

The recent publicity surrounding Diane Blood and the theoretical possibility of cloning human beings has highlighted yet again the important role of the Human Fertilisation and Embryology Authority (HFEA). It will be remembered that Mrs Blood sought to establish a right to be inseminated with her dead husband's sperm without his written consent. The HFEA, following the strict letter of the Human Fertilisation and Embryology Act 1990, withheld its permission for the procedure. Following a Court of Appeal decision to allow Mrs Blood access to treatment abroad the Department of Health commissioned an independent ethicist to address the relevant issues. The use of such an expert which avoids any potential conflicts of interest, when the body has many members with the relevant expertise, is another example of how important the HFEA's integrity is viewed. It strives to act in an exemplary manner in the often hostile environment of uninformed public concern and against a backdrop of a statutory framework that is generally thought to suffer from a democratic deficit. This article will provide an outline of the HFEA's background, structure and manner of operation in an attempt to demonstrate that it offers a model of regulation for the new reproductive technologies despite the constraints it faces.