The UK Government has been successful in an appeal against a ruling by the High Court last November that the Human Fertilisation and Embryology Act did not cover embryos created by cell nuclear replacement because the creation of these embryos does not involve fertilisation (see
report in BBC News On-line and
Stem cells and cloning page). Three Appeal Court judges held that such embryos do fall within the meaning of the Act and that therefore research involving their creation can be regulated by the
Human Fertilisation and Embryology Authority. As a result of this decision, scientists wishing to carry out research involving cell nuclear replacement (CNR) as a means of obtaining embryonic stem cells will be able to apply to the HFEA for a licence. The use of any CNR embryos for reproductive cloning is illegal both under
regulations forming part of the Human Fertilisation and Embryology Act (passed by Parliament in early 2001), and under the
Human Reproductive Cloning Act (December 2001).