A couple have embarked on IVF treatment but before they can be implanted, the woman is forced to have an emergency hysterectomy. The husband volunteers to carry the baby. By sacrificing a kidney, he can keep the baby developing normally until 20 weeks, at which point, the baby can be born via a caesarean and placed in an artificial womb. Should this be illegal?
Legal status: The use of an embryo in treatment services must be in accordance with the conditions of a licence issued by the HFEA. ‘Treatment services’ are defined by the HFE Act 1990 as being a range of services provided for a woman. At the time that the Act was drafted the scenario here contemplated would not have been possible. Should it [soon] become an available procedure, a court might rule that a purposive interpretation of the Act demanded that it should also be held to apply to men; or that as it involves using an embryo within s 3(1)(b), this can only be done under HFEA licence. Any person in a clinic who objected to such a proposed use would be able to rely on the conscientious objection section (S38) of the HFE Act to ensure that they did not have to participate in this experiment, even if it was to be decided that this could be lawfull undertaken given the two preceding objections.
Scientific status: Conjecture