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11 September 2009

Dear Colleague

Arrangements for storage of embryos beyond the statutory storage period

I am writing to advise you of steps that the Department of Health is taking to help individuals who have embryos in storage, but whose statutory storage period expires before 1 October 2009, when new regulations for extension of storage come into force.

The Minister for Public Health, Gillian Merron MP, has announced that new legislation, the Human Fertilisation and Embryology (Supplemental Provision) Order 2009, will come into force on 1 October and will allow some embryos to be stored for a total of 10 years from the date they were put into storage.

The order applies to embryos which:

• are in storage on 1 October 2009 in licensed premises; and
• were originally stored under the 5-year statutory storage period, but whose storage period has expired or will expire before 1 October 2009; and
• whose storage period has not been extended under the 1996 regulations; and
• are intended for use in treatment (including donation to a surrogate); and
• are not embryos or human admixed embryos which have been donated to or created for research purposes.

Please note that the order does not apply to gametes.

In the light of the ministerial statement, and the publicly stated intention of the Government to issue new legislation, the HFEA will, exceptionally, take no formal action where it becomes aware that a centre is currently storing embryos whose 5-year statutory storage period has expired, but which can (as from 1 October 2009) be stored for a further period under the new provisions referred to above.

It is however extremely important that centres have the appropriate consents in place. Further guidance regarding this and other matters is available on the ‘For clinics’ area of the HFEA website.

The order will be available from 14 September on the Office of Public Sector Information website at: www.opsi.gov.uk, where the Human Fertilisation and Embryology (Statutory Storage Period for Gametes and Embryos) Regulations 2009 can also be found.

If you have further questions about the content of this letter, please contact your inspector.
 
Yours sincerely
 
Professor Lisa Jardine CBE
Chair

 

Read further guidance about the new arrangements for the storage of gametes & embryos

Page last updated: 17 August 2012

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