Human Fertilisation and Embryology (Statutory Storage Period for Embryos and Gametes) Regulations 2009

My Lords, I thank the noble Earl, Lord Howe, for giving us the opportunity to discuss this complex matter today. I am sorry that my noble friend Lord Alton of Liverpool is not in his place; he is having an operation on his back. As president of the Spinal Injuries Association, I can say that it can be very helpful for people who break their necks and backs, many of them young men who may lose their sexual powers and become impotent, to have their sperm taken while it is still fresh and stored so that it can be used when needed. For people who have cancer and other conditions which may make them infertile, this legislation may also be helpful. However, keeping eggs and sperm for 55 years seems a long time. The loopholes relating to extended storage include the fact that no age is given for the normal limit for childbearing, and therefore there is no line against which to measure "prematurity". A full 10-year extension can be granted on the basis of the person being certified as prematurely infertile on any day within the existing 10-year storage period, and the medical practitioner does not have to certify that they will be prematurely fertile for the whole of the subsequent 10-year period. Only one of the persons whose gametes are used to make an embryo needs to be classified as prematurely infertile or likely to become so. The other person whose gametes made the embryo may be well beyond childbearing age but would still benefit from the extension granted to the partner. For example, a man could potentially be granted a 10-year extension in his sixties or seventies; his wife may be of a similar age but they could still potentially have a child, via surrogacy if necessary. A single medical practitioner simply has to give a written opinion that the person is prematurely infertile or likely to become so on the day they are examined; a full 10-year extension would then be given, subject to the 55-year maximum. The individual medical practitioner determines not only whether the person is infertile, but also prematurity. There are genuine differences of opinion in relation to normal childbearing age, particularly in regard to men. Treatment would then, in theory, be subject to the "welfare of the child" provision. However, considering that the regulations were drafted to allow young women to give birth to their half-sister or half-brother, where the grandmother would be the real mother, the welfare of the child provision seems rather meaningless. It is unlikely that it would be a sufficient safeguard in the case of elderly people being able to have children. As this is an ethical matter, it is a pity that no right reverend Prelate will be speaking tonight. I hope, in the interests of future children, that these regulations can be improved and made more acceptable for everyone concerned.