Family Values and Family Justice (Collected Essays in Law) by Freeman Michael

Author:Freeman, Michael [Freeman, Michael]
Language: eng
Format: azw3
ISBN: 9781351937122
Publisher: Taylor and Francis
Published: 2017-05-14T16:00:00+00:00

Lord Hoffmann therefore concluded that both PGD and HLA typing could lawfully be authorised by HFEA as ‘activities to determine the suitability of the embryo for implantation within the meaning of paragraph 1(1)(d)’.64

It is only at the end of his judgment that Lord Hoffmann addresses what many will consider to be the principal ethical question. A concern of CORE’s, as formulated by its counsel, is the way HFEA’s policy has changed so as to allow the use of bone marrow rather than umbilical cord blood.65 It may have had little option since, once an embryo had been implanted and a child conceived, the case goes outside its remit. Nevertheless, there is a real dilemma posed, because the taking of bone marrow, though relatively straightforward and otherwise uncontentious, is invasive. The HFEA itself, in authorising the extension, noted that the threshold for permitting medical procedures to be performed on a child where they were non-therapeutic was higher, and that courts could overrule parental consent where the procedure was not in the child’s best interests.

Lord Hoffmann contended himself with saying, [t]hese reasons appear to be valid’.66

He had no doubt that ‘medical practitioners’ take very seriously the law:

that any operation upon a child for which there is no clinical reason relating to the child itself must be justified as being for other reasons in the child’s best interests.67

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