HFEA clarifies legal rules on withdrawal of consent after the creation of embryos
The recent Bionews article Withdrawal of donor consent after the creation of embryos requires HFEA intervention highlighted two recent cases where a donor withdrew consent after patients created embryos using their sperm. The HFEA is responding to this.
Peter Thompson, Chief Executive of the HFEA, said:
“We are very sympathetic to anyone affected by the withdrawal of consent after embryos have been created and stored and fully appreciate this distressing situation.
“HFEA guidance reflects the Human Fertilisation and Embryology (HFE) Act 1990 (as amended), which states that consent to the storage and use of sperm, eggs, and embryos can be varied or withdrawn at any time until they are used in treatment, meaning insemination or embryo transfer. If consent is withdrawn by anyone, (patient, partner, or donor) then clinics have a 12-month cooling off period where they can legally store embryos. After this, clinics must remove the embryos from storage and dispose of them. The law clearly recognises that an embryo is created from the genetic material of two individuals and requires the ongoing consent of both parties before treatment can take place, and it’s the responsibility of the clinic to ensure patients understand this before consent is given.
“While the article calls for HFEA intervention, we are responsible for regulating treatment within the terms set out in the HFE Act and the framework set by Parliament. The rules governing consent are established in law, and any changes would be a matter for government to consider.
“Although the withdrawal of consent is very distressing for those affected, there is some reassurance that these kinds of cases are comparatively rare. There is more information on our website and patients should speak to their clinic if they have any specific concerns.”
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