Attorney-General’s Reference (No 2 of 2003): 1 Apr 2004

The license holder of a fertility clinic was accused of keeping an embryo otherwise than in pursuance of the licence. The clinic had employed a respected consultant who had carried out the task, but had done so unlawfully.
Held: The Act made a clear distinction between the person responsible for keeping the embryos and the license holder. The licence holder might be subject to disciplinary procedures within the licence system, but he had not been the person responsible within the Act in this case.


Judge LJ, Elias, Stanley Burnton JJ


Unreported, 1 April 2004


Human Fertilisation and Embryology Act 1990


England and Wales

Health Professions, Crime

Updated: 26 July 2022; Ref: scu.196067