ABSTRACT
8.8 Genetics R (on the Application of Quintavalle) v Human Fertilisation and Embryology Authority (2003): The HFE Authority has the power to licence pre-implantation genetic diagnosis (PGD) for the purpose of tissue typing Facts The Hashmis had a child with beta thalassaemia major, which required regular blood transfusions and a cocktail of drugs. The condition might be cured by a bone marrow infusion with stem cells taken from the umbilical cord of a newborn child. After two failed attempts to conceive a child who was both disease-free and a tissue match, the Hashmis sought to use IVF and PGD tissue typing to select a suitable embryo. The HFE Authority announced that they would be prepared to grant a licence, but only where PGD was already necessary to avoid passing on a genetically inherited condition. A licence was issued and the Hashmis started the treatment process, which was then interrupted by a challenge to the HFE Authority’s power to issue such a licence. There were two questions. First, was the genetic analysis of a cell taken from the embryo a ‘use’ of that embryo? Secondly, under s 2(1) ‘“treatment services” means medical, surgical or obstetric services … for the purpose of assisting women to carry children’. Did that provision exclude PGD tissue typing? The High Court held that PGD was ‘using’ the embryo and therefore would be unlawful without a licence. Furthermore, the definition of ‘treatment services’ did exclude tissue typing. The Authority appealed.
