Court ruling on storage of embryos: Hadley & Evans
01 October 2003
The Human Fertilisation and Embryology Authority (HFEA) welcomes the judgement made 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 of their embryos for IVF treatment.
Suzi Leather, HFEA Chair said:
"Disputes over stored embryos are a rare but poignant aspect of relationship breakdown and clearly acutely distressing for those involved. It is very important that people who are going for fertility treatment understand the law which governs what happens to embryos in storage. Both parties must give their consent not only for embryos to be created but also to be stored. If one partner withdraws their consent the embryos cannot be stored any longer. The HFEA is there to make sure that patients have all the information they need to make informed choices right from the start."
Legally clinics must have consent from both parties to continue to store embryos for IVF treatment. If either partner withdraws their consent then clinics must allow frozen embryos to perish.
Once a man or woman has withdrawn their consent then the HFEA requires the clinic to take all reasonable steps to inform both parties either in writing or by telephone that the embryos are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