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• Multiple births after IVF
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  • Embryo research
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    • Are you ready?
      • New arrangements for the storage of gametes & embryos
      • Get ready - 8th Code of Practice, consent forms and Directions
      • New parenthood laws
      • Compliance cycle
      • Information access for donor-conceived people donors
      • Use of embryos for training
      • Embryo testing
      • Using patient data to help improve fertility treatment
      • Choose a Fertility Clinic
      • Clinic staff portal
      • Persons Responsible Entry Program (PREP)
      • New licences for clinics
    • 7th Code of Practice
    • Standards for Assisted Conception Centres
    • Modernisation of regulation and the new fee strategy
    • Annual fees for licensed centres (EUTCD)
    • Research fees
    • Public attitudes to regulation
  • Risks of treatment
  • Clinical safety
  • Donation

The Department of Health has announced special arrangements (a supplemental order) for some patients whose 5 year statutory embryo storage period is coming to an end before the 1 October 2009. This order will come into force on 1 October 2009 and will allow certain embryos to be stored for a total of 10 years from the date they were put into storage:

The order is specifically aimed at embryos which:

• are in storage on 1 October 2009 in licensed premises; and 
• were originally stored under the 5-year statutory storage period, but for which the storage period has expired or will expire before 1 October 2009; and 
•  whose storage period has not been extended under the Human Fertilisation and Embryology (Statutory Storage Period for Embryos) Regulations 1996 (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.

The order will not apply to those patients: 

• with eggs or sperm whose 10-year storage period has expired or will expire before 1 October; or 
•  whose embryo storage has already been extended to 10 years or more under the Human Fertilisation and Embryology (Statutory Storage Period for Embryos) Regulations 1996.

There must be valid consent (signed and in writing) from the gamete providers (patients or donors) in order for embryos to be stored for the 10-year period (10 years in total in the maximum period). However, it will not be possible for centres to obtain this consent until 1 October 2009. Only from this date will it be lawful for embryos which meet the circumstances described above to be stored for the remainder of the 10-year period.

Centres should take steps to contact all patients whose embryos have not or will not be destroyed before 1 October 2009, to advise them of the possibility of their renewing their consent to storage. At inspection, the HFEA will expect to see documented evidence of centres’ efforts to contact patients. We recommend that centres follow the procedures normally used for contacting patients prior to the imminent expiry of consent. If the patient or donor does not respond then, after the documented procedure has been undertaken, the embryos should be allowed to perish (with the PR’s knowledge).

In the light of the ministerial statement issued on 9 September 2009, 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 (and therefore where no consent is in place), but which can (as from 1 October 2009) be stored for a further period under the new provisions referred to above.

Consent forms
On or after 1 October 2009, gamete providers (patients or donors) will need to provide written consent to the storage of embryos. Consent should be given for the new statutory storage period for which the embryos will be in storage. For example, if the embryos have already been in storage for 5 years and a patient wishes for them to remain in storage for the full 10-year statutory period, they would need to consent to a further 5 year’s storage.

Patients should complete section 4 of the new MT and WT forms. Donors should complete section 4 of the MD and WD forms. Patients providing embryos for surrogacy should complete section 4 of the MSG and WSG forms.

Back to new arrangements for storage home

Page last updated: 11 September 2009

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