Court ruling on storage of embryos: Natallie Evans
25 June 2004
The Human Fertilisation and Embryology Authority (HFEA) welcomes the Court of Appeal judgment today which confirms that effective consent must be given by both the man providing the sperm and the woman providing the eggs to allow storage and subsequent use of their embryos in IVF treatment.
Legally, clinics must have consent from both parties to continue to store embryos and to use them in IVF treatment. If either party withdraws their consent before the embryos have been used, the clinics must allow the embryos to perish.
The Court of Appeal has held that an embryo is "used" once implanted in a woman. Consent can therefore be withdrawn by either party up to that point.
Once a man or woman has withdrawn their consent, the HFEA requires the clinic to take all reasonable steps to inform both parties either in writing or by telephone that the embryos are going to be destroyed.
Ends
Notes to editors
The Human Fertilisation and Embryology Act 1990 (Schedule 3) states "An embryo the creation of which was brought about in vitro must not be kept in storage unless there is an effective consent, by each person whose gametes were used to bring about the creation of the embryo, to the storage of the embryo and the embryo is stored in accordance with those consents".
The HFEA provides a patient information leaflet Consent to the use and storage of gametes and embryos which explains effective consent. The leaflet is available to patients from the HFEA website and from licensed clinics.
The HFEA was set up in August 1991 as part of the Human Fertilisation and Embryology Act 1990. The HFEA's principal tasks are to license and monitor clinics that carry out in vitro fertilisation (IVF), donor insemination (DI) and human embryo research. The HFEA also regulates the storage of gametes (eggs and sperm) and embryos.
For further information please contact the HFEA press office.
Page last updated: 12 March 2009