26 August 2021
On Tuesday 26 October 2021, we plan to publish an update to the 9th edition of the Code of Practice. The focus of this update is to incorporate legal changes that have come into force since the last Code publication in 2019, and to provide additional guidance that seeks to build upon and clarify areas of existing HFEA guidance.
Thank you to all staff who contributed to our consultations through the clinic survey on the suggested changes. This Code of Practice update includes revisions to the following areas of guidance:
Legislative changes:
- Amendments of the Human Fertilisation and Embryology Act 1990 (as amended) brought about by EU Exit
- Amendments of other legislation due to EU Exit
- Introduction of the Human Fertilisation and Embryology (Statutory Storage Period for Embryos and Gametes) (Coronavirus) Regulations 2020
More substantive changes:
- Definition of a family for the existing 10-family limit policy
- Guidance on the use of electronic consenting platforms
- Guidance relating to legal parenthood and the use of gametes or embryos when relationships break down and patients subsequently return for further treatment
- Witnessing – requiring three identifiers
- Medicines management – complying with the relevant regulations, best practice, and professional body guidance
Smaller changes:
- Addition of Clinic Focus articles
- PGS and PGD terminology change to PGT-A and PGT-M/PGT-SR
- Corrections and minor clarifications
This update will affect 16 guidance notes, details of these changes are set out in the following annexes:
- Annex I: Summary of changes to the Code of Practice in the October 2021 update
- Annex II: Updated ‘Revision control sheet’ (lists all updated areas of the Code of Practice)
- Annex III: Changes to Code of Practice guidance notes
- Annex IV: Presentation on the changes to Code of Practice guidance notes
All changes highlighted in yellow in Annex III are to be removed, changes set out in red are additions.
When will the changes come into effect?
These changes will come into effect on the date of publication on Tuesday 26 October. We will issue the new version of the Code in a Special Edition Clinic Focus, and the revised guidance will be updated on the Knowledge Base of the HFEA Clinic Portal and website.
What should you do now?
A summary of all changes in this update are listed at Annex I, while changes to the Code of Practice are listed at Annex III. Please read the updated areas and make sure that you and your colleagues are familiar with any changes that may be relevant to your clinic. We have included a presentation on the changes to the guidance notes which we would encourage you to share with clinic staff.
If you have any questions, please contact your inspector.
Yours sincerely,

Chair, Human Fertilisation and Embryology Authority.
