Embryos stored prior to 1 October 2009 whose statutory storage period or extended storage period ends after 1 October 2009

New legislation allows all embryos to be stored initially for 10 years. Therefore embryos stored prior to 1 October 2009, whose 5 year statutory storage period ends after this date, can now be stored for a maximum of 10 years from the date the embryos were placed in storage without meeting any criteria to extend. Consent must be in place from the gamete providers for the embryos to remain in storage.

In addition it will be possible to extend embryo storage up to a maximum of 55 years providing that every 10 years the centre obtains a written opinion from a registered medical practitioner that relevant person is or is likely to become prematurely infertile. This written opinion can be obtained at any point during the initial 10-year storage period and the embryos can then be stored for a further 10 years from the date opinion was obtained. The embryo storage period can be extended for further 10-year periods if further written opinions are provided.

Gamete providers (patients or donors) will need to provide written consent to storage for the longer statutory period storage or for the extended period ie, if the embryos have already been in storage for 5 years and a patient wishes for them to remain in storage for a further 5 years they would need to consent to 5 year’s storage.

Gamete providers who have consented to embryo storage under the pre-1 October 2009 law (ie, for 5 years or extension to 10 years or 55th birthday) do not need to renew their consent until the end of the initial consent period is reached and they do not need to opt into the new legislation if they do not wish to.

Consent forms
If gamete providers consent to a 10-year statutory storage period, on or after 1 October 2009, they should complete section 4 of the new MT and WT forms, MD and WD forms or MSG and WSG forms.

If gamete providers consent to extension of embryo storage beyond the 10-year statutory period, on or after 1 October, they should complete the ES form.

Medical practitioner’s statement
A registered medical practitioner’s written opinion on whether or not the
medical criteria for storing embryos for more than 10 years have been met can be recorded on the new HFEA ‘Medical Practitioner’s Statement form’.

Back to new arrangements for storage home

Page last updated: 11 September 2009