A proposal to introduce a bill to regulate online providers of fertility and ancillary services by the Human Fertilisation and Embryology Authority (HFEA) has been introduced to Parliament under the ‘ten-minute rule’.
The motion for leave to bring in a Bill was proposed by Caroline Dinenage, Conservative MP for Gosport and Chair of the Culture, Media and Sport Committee, and outlined a need to recognise the changing landscape of fertility treatment.
In introducing the proposal Dinenage said the HFEA has warned
“For some time a range of activities marketed as fertility treatments have taken place outside of HFEA licensed clinics in a variety of settings, including ‘wellness’ clinics. More recently, the fertility market has started to move online, in settings which are outside of the regulated scheme”.
While an exact number cannot be placed on the number of people accessing the fertility market and treatments, the HFEA themselves recommended in 2023 that the 1990 HFE Act ‘should be revised to accommodate developments in the way fertility services are provided.’
Dinenage added given 73% of IVF cycles are funded privately, many of these providers fall outside the scope of the HFEA’s current regulatory role.
It is estimated one in six couples in Britain is affected by infertility problems. More than 52,000 people accessed fertility treatment in 2023, up from 6,000 in 1991. The proportion of children born through IVF has doubled leading to estimates there are now enough children born by IVF for there to be one in every classroom around the UK.
The Human Fertility and Embryology Act 1990, which regulates fertility clinics is largely unchanged since it was passed 35 years ago and has failed to keep pace with a modernising fertility landscape. The issue was brought into ‘sharp relief’ said Dinenage after the unexpected closure of Apricity Fertility; which acted as a hub that connected parents to fertility services, effectively a ‘digital concierge service, linking women with partner clinics and offering advice and support’ she added, without providing any of the medical services themselves.
“While families across the country were opening their Christmas presents, hundreds of Apricity customers, including women who were just about to start their IVF injections, were opening emails that would ruin their Christmas and leave them in limbo at a very crucial point in their fertility treatment. Patients scrambled to seek confirmation from clinics that they could continue with their treatment, because as we know, even a month’s delay can massively affect the chance of a successful cycle. In many cases, having already spent every single penny that they had in the world in the pursuit of having a baby, some were told by their insurers that they would have to pay thousands more up front to continue their treatment.”
Describing the current regulatory framework as a ‘classic case of regulation just not keeping pace with modern life’ Dinenage added it was ‘criminal’ such organisations could just disappear, ‘along with people’s money and their hopes of starting a family.’
The ‘ten-minute rule’ allows member of Parliament to raise awareness of issues and/or introduce privately-backed bills for consideration. The process involves a brief debate where the sponsoring MP and an opposing MP each have up to ten minutes to speak. If successful, the bill receives its first reading and can potentially proceed further in the legislative process. if successful, the bill can potentially advance through the legislative process. However, such bills rarely progress far unless they are uncontroversial.
The Human Fertilisation and Embryology (Regulation) bill was read the first time and is set to be read a second time on Friday 12th September.
