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

My Lords, I am grateful to the noble Earl and other noble Lords for their informed and valuable contributions. I hope I can provide assurance that these regulations put in place the necessary safeguards and that we are taking on board many of the complex issues that have been raised. These regulations allow for storage periods for embryos and gametes to be extended for longer than the 10 years set out in the 2008 Act. Storage can be extended for further 10-year periods if the person to be treated or the gamete provider is, or is likely to become, prematurely infertile. The maximum time period embryos or gametes can remain in storage is 55 years from the day they were first placed there. These regulations replace two previous sets of regulations—one relating to extended storage periods for embryos and one relating to gametes. It was necessary to update the regulations to take account of changes in the 2008 Act and it was an opportunity to review the policy in this area. Two key changes are introduced by the regulations. The first significant change is to eligibility for extended storage. The regulations permit extension by the gamete provider or the person to be treated. The "person to be treated" is defined in the regulations as the woman to whom the gametes or embryos will be transferred or the person to whom they are allocated. Unlike the previous regulations, this now includes where donated gametes or embryos are to be used by someone who is, or is likely to become, prematurely infertile, and where a prematurely infertile woman needs to use a surrogate. These provisions will help real people in difficult circumstances, as outlined by my noble friend Lord Winston in his perceptive remarks. He knows about the tragic circumstances facing people to which I will refer later in my remarks. A situation was brought to the attention of Parliament during the debates on the 2008 Act in another place. A Member spoke on behalf of a constituent whose daughter suffers from Turner syndrome—a genetic condition with symptoms including infertility—who wishes to store her eggs for her daughter to use in later life. Without these regulations, extension beyond 10 years would not have been possible and storage would have expired before the daughter was of an age to make the choice about whether or not to use the eggs. These regulations rectify that situation, permitting storage where the intended recipient meets the necessary criteria, and providing them with the hope of having a child with genetic links to them. These regulations also provide for storage extension where a woman needs to use a surrogate—for instance, because she does not have a womb. The additional storage period allowed in the regulations gives couples time to find and arrange a surrogacy without having to rush into an arrangement because the storage period is expiring. The second main policy change is to replace the age limit set out in the previous regulations with a maximum time period of 55 years. We recognise that there has to be a set storage limit and that any time period chosen inevitably involves an element of subjectivity. I hope I can explain why we decided on 55 years. The age limit of 55 years set out in the previous regulations was based on the upper age when a woman would no longer be able naturally to bear children. However, this meant that men who were prematurely infertile were prevented from extending storage beyond the age of 55, despite the fact that they were still prematurely infertile at that age—for instance, after cancer treatment when they were younger. The age limit, therefore, was not sufficiently flexible to meet individual circumstances. The age limit has been replaced by a more equitable time limit of a maximum period of 55 years from the day the embryos or gametes were first put into storage. The limit of 55 years reflects the principle of trying to ensure that no one will be worse off under the new regulations than they were under the previous "55 years of age" rule—in other words, to ensure that no one is disadvantaged by the new provisions. For example, the new provisions enable a woman to put her eggs in storage for her prematurely infertile infant daughter to use when she is older, and they enable the woman to do so for up to 55 years, subject, as the noble Baroness, Lady Barker, said, to confirmation by a doctor every 10 years that the daughter remains prematurely infertile. It is important to remember that storage can be extended only for 10-year periods and it requires a registered medical practitioner to certify that the person to be treated is prematurely infertile. Once a person is no longer prematurely infertile, no further extension of storage is possible. At each 10-year extension, a registered medical practitioner will be required to provide a statement that the person to be treated is still prematurely infertile. This change maintains a maximum limit while allowing clinical discretion to be exercised in relation to a specific patient. I understand the concerns expressed about the well-being of children born to older parents. These regulations do not encourage conception after the natural child-bearing age. It is only people who are prematurely infertile who may extend storage. Once a person ceases to be prematurely infertile—and, in a woman’s case, becomes naturally infertile—they would not be able to extend storage of their embryos or gametes. Each application for extended storage is considered on a case-by-case basis with a registered medical practitioner deciding whether, based on their clinical judgment, that person is prematurely infertile. A further safeguard is that, before treatment can be undertaken, there is a legal duty on the clinic to consider the welfare of the child. This House has had many discussions about what the welfare of the child involves and I hope to be able to offer some comfort to the noble Earl about what is going to happen next in that respect.