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Eighth Edition - R.3 - Human Fertilisation & Embryology Authority

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HFEA guidance (cont)<br />

5.2 When a woman is to undergo an egg or embryo transfer, the centre should:<br />

(a) obtain her consent to the proposed number of eggs or embryos to be transferred, and<br />

(b)<br />

record her consent in her medical records.<br />

5.3 The centre should establish and use documented procedures to ensure that no activity involving the handling<br />

or processing of gametes or embryos is carried out without the appropriate consent having been given.<br />

See also guidance note:<br />

<br />

15 – Procuring, processing and transporting gametes and embryos<br />

Procedure for obtaining consent<br />

Interpretation of mandatory requirements<br />

The law requires that before a person consents to the procedures outlined in box 5A,<br />

they should be given:<br />

5B<br />

(a)<br />

(b)<br />

(c)<br />

enough information to enable them to understand the nature, purpose and implications<br />

of their treatment or donation<br />

a suitable opportunity to receive proper counselling about the implications of the steps<br />

which they are considering taking, and<br />

information about the procedure for varying or withdrawing any consent given, and<br />

about the implications of doing so.<br />

5.4 Centres should ensure that, before a person gives consent, they are given the information outlined in<br />

guidance note 4 – Information to be provided prior to consent.<br />

5.5 The centre should inform anyone providing gametes that they can, if they wish, specify extra conditions for<br />

storing or using their gametes (or embryos created using them).<br />

5.6 The centre should give anyone seeking treatment or considering donation or storage enough time to<br />

reflect on their decisions before obtaining their consent. The centre should give them an opportunity to ask<br />

questions and receive further information, advice and guidance.<br />

5.7 If the possibility of donating gametes or embryos for the treatment of others, or donating embryos for<br />

research or training purposes, arises during the course of treatment, the centre should allow potential<br />

donors enough time to consider the implications and to receive counselling before giving consent.<br />

5.8 The centre should ensure that consent is:<br />

(a)<br />

given voluntarily (without pressure to accept treatment or agree to donation)<br />

(b) given by a person who has capacity to do so, as defined by the Mental Capacity Act 2005<br />

(England and Wales), or the Age of Legal Capacity (Scotland) Act 1991 and the Adults with<br />

Incapacity (Scotland) Act 2000, and<br />

(c)<br />

taken by a person authorised by the centre to do so.<br />

5.9 The centre should ensure that anyone giving consent declares that:<br />

(a) they were given enough information to enable them to understand the nature, purpose and<br />

implications of the treatment or donation<br />

(b) they were given a suitable opportunity to receive proper counselling about the implications<br />

of the proposed procedures<br />

<strong>Human</strong> <strong>Fertilisation</strong> and <strong>Embryology</strong> <strong>Authority</strong><br />

Guidance note | 5. Consent to treatment, storage, donation and disclosure of information<br />

Version 2.0<br />

1.0

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