Cloned embryos are covered by UK law

The UK Court of Appeal has overturned a High Court ruling that the Human Fertilisation and Embryology (HFE) Act does not regulate cloned embryos. Last year, the ProLife Alliance successfully argued that the Act did not apply, meaning that cloning - both therapeutic and reproductive - was unregulated in the UK.

Following the decision in November, the UK Government pushed emergency legislation through Parliament to ban reproductive cloning, whilst therapeutic cloning remained unregulated pending the Government's appeal.

The HFE Act defines embryos as cells which have undergone fertilisation. The ProLife Alliance had successfully argued that because cloned embryos were not the product of fertilisation, they were not covered by the act. Allowing the Government's appeal, the Court of Appeal said that a cloned embryo did fall within the legal definition of an embryo, despite the fact that fertilisation has not technically taken place. The judges argued that the spirit of the law was intended to include cloned embryos. Lord Phillips added: 'If Parliament had known of the cloning technique in 1990 it would certainly have been included in the legislation which controls research and use of embryos'.

The ProLife Alliance was ordered to pay an estimated £100,000 costs and permission for them to appeal to the House of Lords was denied. Bruno Quintavalle, director of the alliance, said that the group would be petitioning the House of Lords direct, 'on the basis that the Court of Appeal has usurped the functions of Parliament'.

Health Minister Yvette Cooper welcomed the court's decision, saying that 'it means that research on cell nuclear replacement to treat serious diseases can be properly regulated, as was clearly intended by Parliament in its debates last year'.