CH(05)02

28 July 2005

Dear Colleague

CORRECTION: Transitional period for use of gametes and embryos from anonymous donors

On June 27 I wrote to you to inform you of the proposed arrangements for bringing to an end the transitional period for the use of gametes from donors who last registered prior to 1 April 2005 (i.e. who will remain anonymous to people conceived as a result of their donation).

Since that letter we have had a number of enquiries from clinics who were concerned about the Department of Health policy set out in the letter.  This was that no gametes supplied on or after 1 April 2005 by a donor who had last registered before 1 April 2005 could be used after that date.  (In other words, only gametes from ´anonymous' donors that were collected and stored before 1 April 2005 could be used during the transitional period).

The Department of Health has confirmed that there was an error in the communication of its policy to the HFEA.  It has now confirmed that gametes from donors who last registered before 1 April 2005 (i.e. ´anonymous' donors) may be used in treatment up to 31 March 2006 regardless of whether these gametes were collected before or after 1 April 2005.  This also applies to donated embryos and to embryos created with donated gametes, as appropriate.

However, no gametes (or embryos, or embryos created using gametes) supplied to a clinic after 31 March 2006 may be used for the treatment of others (i.e. donated) unless the gamete provider (or, in the case of embryos, each gamete provider) has registered or re-registered as a donor on or after 1 April 2005.

The exemptions set out in the previous letter will therefore apply with minor modifications to take account of this correction.  This means that gametes (or embryos, or embryos created using gametes) from donors who last registered before 1 April 2005 may only be used after 31 March 2006 (the end of the transitional period) if:

  • they are subject to one of the exemptions mentioned in the licence condition, and
  • they were supplied by the donor before 1 April 2006.

This correction will be reflected in the licence condition that will be applied to centres' licences during 2005.  I attach an amended version of the ´Information for Centres' that was enclosed with letter CH (05) 01 of June 27, with the relevant amendments underlined.  The decision trees accompanying the advice have also been amended accordingly.

I recognise that this error may have caused some disruption to those clinics currently in the process of collecting and using donated gametes, their donors and patients.  I hope that the amendments outlined above will help clinics to manage the transition to identifiable donors more smoothly.

If you have any questions or require any further information please contact Peter Mills, HFEA Policy Development and Co-ordination Manager, on 020 7291 8234 or email peter.mills@hfea.gov.uk. 

Yours sincerely,
 
Suzi Leather
Chair, HFEA

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