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3 Med. L. Int'l 1 (1997-1998)

handle is hein.journals/medclint3 and id is 1 raw text is: Medical Law International, 1997, Vol. 3, pp. 1-22 0968-5332/97 $10 © 1997 A B Academic Publishers-Printed in Great Britain THE ROLE OF THE HUMAN FERTILISATION AND EMBRYOLOGY AUTHORITY LYNN HAGGER Faculty of Law, University of Sheffield, UK 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. In the light of the recent Blood case and the issues surrounding the first cloning of a mammal, it is perhaps efficacious to highlight the role and functions of the Human Fertilisation and Embryology Authority (HFEA). The HFEA was established to regulate fertility services in 1990 after many years of debate and the establishment of a committee to consider ... recent and potential developments in medicine and science related to human fertilisation and embryology; to consider what policies and safeguards should be applied, including consideration of the social, ethical and legal implications of these developments; and to make recommendations.1 While not without its critics2 the Warnock Report managed to reconcile a broad range of views on fundamental ethical issues into comprehensive practical recommendations for the regulation of assisted conception and related research. It concluded that infertility

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