| 释义 |
assisted reproduction
Techniques to bring about the conception and birth of a child other than by sexual intercourse between the parties. It includes artificial insemination by the husband (AIH) or by a donor (DI), in vitro fertilization (IVF), and egg and embryo donation. Such methods mean it is no longer possible to base legal parentage solely on genetic links. Under the terms of the Human Fertilization and Embryology Act 2008 s 33, the legal mother is always the woman who has given birth to the child, irrespective of whether she is genetically related to the child. This is so unless a parental order or an adoption order is made in respect of the child. Where the mother is in a marriage or civil partnership with a man, the legal father of the child will be her husband/civil partner, unless he did not consent to the treatment (s 35). Where the mother has a female spouse or civil partner, then the spouse/civil partner will be the other “parent” (the 2008 Act does not use the term “mother” in such a case: see s 42). Where a couple are neither married nor in a civil partnership, the partner of the mother will usually be the father or “parent” so long as certain conditions are met (ss 36–37, 43–44). In essence these are that both parties agree to the partner being the parent of the child. The sperm donor whose sperm is used for licensed treatment is never the father of the child (s 41). See also surrogacy. It is an offence to use female germ cells from an embryo or fetus, or to make use of embryos created from such germ cells, for the purpose of providing a fertility service. Such practice is already banned by the Human Fertilization and Embryology Authority. The offence is triable only on indictment and is punishable with up to 10 years’ imprisonment. |