The applicant sought a judicial review of the respondent’s issue of a licence for genetic screening. They claimed this was outside the statutory powers of the respondent.
Held: The Act specifically allowed the Authority to issue licences which were for activities taking place in the course of treatment. The present licence would allow tissue typing, which was solely for the purpose of allowing to go forward a pregnancy which would produce a child with tissue compatible with an elder sibling. That could not be said to be necessary or desirable for the purpose of assisting a woman to carry a child.
Judges:
Maurice Kay, J
Citations:
Times 20-Jan-2003, [2002] EWHC 2785 (Admin)
Links:
Statutes:
Human Fertilisation and Embryology Act 1990 11
Jurisdiction:
England and Wales
Health, Administrative
Updated: 06 June 2022; Ref: scu.178780