New arrangements for the storage of gametes & embryos
The amendments to the Human Fertilisation and Embryology Act 1990, which came into force on 1 October 2009, changed the statutory storage period for embryos from 5 to 10 years.
Alongside the Act, the new Human Fertilisation and Embryology (Statutory Storage Period for Embryos and Gametes) Regulations 2009 made it possible to extend storage of gametes and embryos for a maximum of 55 years if certain conditions are met. Centres will need to check every 10 years that the patient or gamete provider still meets these conditions.
Storage scenarios
- Embryos stored prior to 1 October 2009 whose 5-year statutory storage period ends prior to 1 October 2009
Where storage has not been or cannot be extended under the 1996 regulations - Embryos stored prior to 1 October 2009 whose 10-year extended storage period ends prior to 1 October 2009
Where storage cannot be further extended under the 1996 regulations - Embryos stored prior to 1 October 2009 whose 5-year statutory storage period ends prior to 1 October 2009
Where storage can be extended under the 1996 regulations - Embryos stored prior to 1 October 2009 whose statutory storage period or extended storage period ends after 1 October 2009
- Eggs or sperm stored prior to 1 October 2009 whose storage period ends before 1 October 2009
- Eggs or sperm stored prior to 1 October 2009 whose storage period ends after 1 October 2009
- Eggs, sperm or embryos which are placed in storage on or after 1 October 2009
Frequently asked questions
Who should decide whether a person is, or is likely to become, prematurely infertile?
The Human Fertilisation and Embryology (Statutory Storage Period for Embryos and Gametes) Regulations 2009 simply require that a 'registered medical practitioner has given a written medical opinion' that the patient is prematurely infertile or is likely to become prematurely infertile.
The HFEA will be checking that a registered medical practitioner's opinion has been recorded for each storage period beyond the initial 10 years, rather than the evidence the medical practitioner based their opinion on.
How long can a patient consent to storage for under the new legislation?
A patient can consent for up to 55 years. A patient can consent to this full period at the very start of the storage period, it is only the statement from the medical practitioner which must be renewed for every 10-year storage period beyond the initial statutory period.
Alternatively a patient can consent to several shorter periods in succession, so long as the total period does not exceed 55 years.
Page last updated: 11 September 2009