Saviour Siblings and the Human Fertilisation and Embryology Acts 1990 and 2008

Abstract

In 2003, the case of R (on the Application of Quintavalle) v Human Fertilisation and Embryology Authority1 dramatically brought into light the Human Fertilisation and Embryology Act 1990 as outdated and inconsistent. Authorisations for saviour sibling treatment appeared futile as cases were decided illogically, leaving some patients having to seek treatment elsewhere. The procedure of pre-implantation genetic diagnosis alongside tissue typing embryos has been a huge breakthrough in treating children born with serious life threatening diseases. However, this essentially unforeseen technology is poorly regulated in the 1990 Act and has therefore resulted in the new Human Fertilisation and Embryology Act 2008 which aims to make such legal rules regarding this kind of treatment both clear and concise. Whether this has been a success will be seen in time.