The Abortion Act 1967, Human Fertiliation

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  • Topic: Abortion, Fertility, Human Fertilisation and Embryology Act 1990
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  • Published : August 12, 2012
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Research Topics: The Abortion Act 1967, the Human Fertilisation and Embryology Act 1990 and the Human Fertilisation and Embryology Act 2008

 

a) The 1967 Act :

(1) HC vol 750 cols 85, 92, 239, 385, 1159 1292, 1313

(2) HL vol 285 cols 509, 1394

The 2008 Act:

(1) HC vol 481 cols 324, 373

(2) HL vol 698 cols 847,863

b) Sections 1 and 5 of the Abortion Act 1967 have been s.37(1) Human Fertilisation and Embryology Act 1990 (c.37).

c) The amendments in The 1990 Act were the reduction of the legal time limit for a late medical abortion from 28 weeks to 24 weeks of pregnancy. This are subject to provisions set by the amendment in S.37 of the 1990 Act.

The amendment in S.37 (4)of The 1990 act introduces a statutory defence against the offence of child destruction in S.1(1) of Infant life preservation act 1929,providing the termination of a pregnancy be carried out in accordance with S.1 of The abortion act 1967 as amended by S.37 of Human Fertilisation and Embryology Act 1990 c.37.

d) 1st August 1991

e) Human Fertilisation and Embryology Act 1990 (Commencement No. 2 and Transitional Provision) Order 1991/480.

f) S.49 (2) Human Fertilisation and Embryology Act 1990.

g) This was a proposals for the revision of the law on assisted reproduction and embryo research, titled Review of the Human Fertilisation and Embryology Act: proposals for revised legislation (including establishment of the Regulatory Authority for Tissue and Embryos).

h) S.1 of the 2008 Act changes S.1 of the 1990 Act to ensure that the Act applies to all live human embryos regardless of the method of their creation, and also to all live human gametes (Human Sperm and Eggs. Furthermore S.1 (1) of the 2008 Act defines embryo in broad terms, as a ‘live human embryo’ however the definition no longer assumes that an embryo can only be created by fertilization and therefore brings the term embryo up to date with technologies that have been developed since the 1990 Act

i) S.1 of The 2008 act came into force on, 1 October 2009.

j) Human Fertilisation and Embryology Act 2008 (Commencement No.2 and Transitional Provision) and (Commencement No.1 Amendment) Order 2009/2232.

k) R. (on the application of Quintavalle) v Human Fertilisation and Embryology Authority. [2005] UKHL 28.

l) Clashing symbols? Reconciling support for fathers and fatherless families after the Human Fertilization and Embryology Act 2008

m) Yearworth v North Bristol NHS Trust [2010] Q.B. 1

n) S.42 of the 2008 Act has made the provision for female civil partners into line with married couples. Therefore a female civil partner, who conceives a child by donor insemination, is the mother of that child and her civil partner will automatically become other parent, unless however the other civil partner did not consent to the mother’s treatment. Also, S.45 states where a woman conceived and gave birth to a child by virtue of Sections 42 and 43, no man is to be treated as the father of the child hence S.42 and S.43 will not affect who is to be considered the parent of a child.

o) T v B [2010] EWHC 1444 (Fam)

p) The statutory interpretation of parents under the Children Act 1989 Sch.1 was confined to biological parents and those who had become parents by operation of the law pursuant to the ss.42-45 of the 2008 Act however these provisions did not broaden the scope for purposes of imposing financial obligations. Thus Sections 42 to 45 did not apply in this case.

q) Lesbian Mothers in dispute TVB 1203 (Fam. Law 2010, 40(Nov), 1203-1206)

 

r) Royal College of Nursing of United Kingdom v DHSS (1981) AC 800 HL

The Royal College of Nursing disputed a Department of Health and Social Security statement that it was not an offence under Britain's 1967 Abortion Act for nurses to terminate a pregnancy by medical induction if a doctor decided on the termination, initiated it, and remained...
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