HFE Bill Report Stage (Lords) day 3

http://www.publications.parliament.uk/pa/ld/ldtoday/16.htm

Lord Jenkin of Roding

Why do the two representative bodies take such opposing views? The argument of the IDOA, which represents donor-conceived people, that the genetic and biological parents, as well as social parents, should be recorded, is based on six propositions. First, genetic heritage has existence. It is a fact, and has meaning and value in itself. Secondly, everyone has a moral right to know. While it cannot be universally enforced, the state should not connive in abrogating that right. Thirdly, because the state intervenes in assisted reproduction, it has a duty to give legal protection to that moral right and should not deceive the child or withhold information about its genetic parents. The genetic regulations give the donor-conceived child the right to find a donor’s identity, but this is meaningless if many parents continue to conceal the fact of donor conception. Fourthly, the truth must be put in the hands of the offspring for reasons of avoiding consanguinity or even incest. Fifthly, and this is an important fact, falsifying a birth certificate is illegal, so it is discriminatory if the state connives at concealing the fact of donor conception. Finally, only honest and accurate birth certificates would be consistent with the rest of UK law, the UN Convention on the Rights of the Child and case law under the European Convention on Human Rights.

Lord Jenkin of Roding proposed an amendment that the HFEA should periodically review the system of birth certification. This amendment was supported by Baroness Warnock, Baroness Knight of Collingtree, Lord Alton of Liverpool, Earl Ferrers, Lord Mackay of Clashfern, Baroness Butler-Sloss, Baroness Carnegy of Lour.

Baroness Royall of Blaisdon, speaking for the government, said

this is currently an intractable problem but I assure noble Lords that we will continue to keep under review options about informing donor-conceived people about their conception, including continuing dialogue with the Donor Conception Network about the impact of its work. We will gladly involve noble Lords with a specific interest in this in our future discussions.

and Lord Jenkin withdrew his amendment.

HFE Bill Report Stage (Lords)

From http://www.publications.parliament.uk/pa/ld200708/ldhansrd/text/80121-0012.htm, or thereabouts.

Lord Tebbit

do not children have human rights? Does not an unborn child have rights? Indeed, perhaps one could extend it to the concept that a child not yet conceived, has a right? I think it does. It has a human right to a father and a mother. We should ensure that we do all we can to see that that is carried through.

Lord Jenkin of Roding

There is widespread agreement—it was apparent in the Select Committee and in Committee in this House—that it is highly desirable that a donor-conceived person be told of his or her biological origins at the earliest stage at which they can be expected to understand the situation.

Baroness Warnock

we must try to ensure that children are not brought up under a misconception about their genetic parenthood. That is one of the most obvious cases of immoral treatment of a child, and it can be embarked on only by parents who are thinking more of themselves than of the good of the child.

Lord Patten

I say to the Minister that it is totally wrong for the state to connive in a falsehood—and I know he does not wish to do so. Birth certificates must record the birth as far as it is possible. They must never encourage a deliberate falsehood by making provision for the registration of parents in a way not clear to their children. Birth certificates have the sole function of genetic history, not of saying who is carrying out the “parenting function”, if that is what it might be called.

Baroness Royall of Blaisdon

The noble Earl, Lord Howe, asked about birth certificates and compatibility with the European Convention on Human Rights. Any proposal to amend birth certificates in the way suggested would have to be considered on the individual facts. However, broadly speaking, the Government’s view is that the human rights of donor-conceived children and their parents are likely to be engaged. Therefore, any interference by the state into this private realm would have to be proportionate and fully justified. It is our view that the interests of donor-conceived children in finding out about their genetic origins are best protected by a programme of information and education to support their parents in discussing this information with them.

Lords' proposed amendments to the HFE Bill

From

http://www.publications.parliament.uk/pa/ld200708/ldbills/006/amend/ml006-ric.htm

or there abouts, regarding amendments to

http://www.publications.parliament.uk/pa/ld200708/ldbills/006/2008006.pdf


LORD JENKIN OF RODING

111* Page 9, line 14, at end insert—

"( ) In subsection (5) after the words "as a result of treatment" insert the words "including, in the case of a woman proposed to be treated with donated gametes or embryos, the need for that child to be told about his or her origins"."


BARONESS O'CATHAIN
BARONESS DEECH

126 Page 19, line 6, leave out subsection (2)

[This would retain the "need for a father" clause]


EARL HOWE
BARONESS FINLAY OF LLANDAFF
[As an amendment to amendment 128]

129* Line 8, at end insert—

"(2B) Information so provided shall in particular—

(a) make clear the importance of disclosing to any child resulting from treatment services the circumstances of the child's conception; and

(b) include guidance designed to assist a person in making such a disclosure."


LORD JENKIN OF RODING

130* Page 19, line 8, at end insert—

"(4) The code shall include guidance about the welfare of children born as a result of donal conception treatment and in particular the guidance should address the need for donal conceived children to be told about their origins."


BARONESS DEECH

145 Page 72, line 12, leave out paragraphs 1 to 9


LORD JENKIN OF RODING

146* Page 72, line 12, at end insert—

"(1) The Authority shall from time to time carry out a review of the law and practice concerning the inclusion in the birth certificates of donor conceived persons the fact of such conception.

(2) If the Authority, after any such review, and after consulting bodies representing the parents of donor conceived persons, and bodies representing donor conceived persons, recommends that the law and practice should be changed to provide for the inclusion of the fact of donor conception on the birth certificates of donor conceived persons, the Secretary of State may by order implement any such recommendation with such amendments as he shall think fit, and a draft of any such order shall be laid before each House of Parlaiment and shall only take effect if both Houses approve the draft."


BARONESS DEECH

151 Page 85, line 1, leave out paragraphs 41 to 44


BARONESS DEECH

153 Page 90, line 35, leave out paragraphs 59 to 65