Consent law: eggs, sperm and embryos

Eggs and sperm

Eggs and sperm can only be stored or used in treatment or for research if the gamete provider consents. To be valid, consent must be in writing and signed (although there are some special rules which allow a person who is physically incapacitated to ask someone else to sign for them). In practice, consent is normally given using a signed HFEA form, although consent is equally valid in another written/signed form (such as a letter).

Before giving consent, counselling must be offered and the egg or sperm provider must be given proper information about what they are consenting to.

Egg and sperm providers can specify any conditions when giving consent, and those conditions must be followed.

Exceptions to the consent requirement

There are some exceptional circumstances in which eggs or sperm can be stored without consent:

Children - eggs or sperm from a child can be stored without consent if he or she is about to undergo medical treatment that will impair his or her fertility. A doctor must certify that storage is in his or her best interests.

Adults - eggs or sperm from an adult can be stored without consent if a person is temporarily mentally incapacitated (for example after an accident) and expected to undergo medical treatment that will significantly impair his or her fertility. Again, a doctor must certify that storage is in his or her best interests. In both cases, the eggs or sperm can only be stored; they cannot be used in treatment unless the person becomes capable and gives consent. The rules also do not allow gametes to be stored after someone's death.

Withdrawal or variation of consent

Consent can be varied or withdrawn by the egg or sperm provider at any time before they are placed in the body of a woman or used for research. To vary or withdraw consent, notice must be given in writing and with a signature.

Embryos

Egg and sperm providers must consent to an embryo being created with their gametes, and to their embryo being stored or used in treatment.  Formal consent is also needed for embryos to be donated to another person or to a research project.  Egg and sperm providers can specify any conditions when giving consent, and those conditions must be followed.

Consent must be given in writing and signed to be valid (although there are some special rules which allow a person who is physically incapacitated to ask someone else to sign for them). In practice, consent is normally given using a signed HFEA form, although consent is equally valid in another written/signed form (such as a letter).  Before giving consent, counselling must also be offered and the egg and sperm provider must be given proper information about what they are consenting to.

Withdrawal or variation of consent
Consent to treatment, research or storage can be varied or withdrawn by either the egg or sperm provider (or both) at any time before the embryos are placed in the body of a woman or used for research.  To vary or withdraw consent, notice must be given in writing and with a signature.

If an egg or sperm provider (whether a patient or a donor) withdraws consent to the storage of an embryo, there is a strict procedure which the person storing the embryo must follow.  Everyone for whom the embryo was to be used in treatment must be notified that consent to storage has been withdrawn.  This includes the other gamete provider if he or she is not a donor, or alternatively the other intended recipient if the embryo was created with eggs or sperm from a donor.

Storage of the embryo then remains lawful for 12 months, although it cannot be used in treatment during this time unless both gamete providers consent. If all the people notified confirm that they are happy for the embryo to be destroyed, it can be allowed to perish before the end of the cooling-off period. If not, the embryo must be held in storage for 12 months, giving the person who has withdrawn consent the opportunity to change his or her mind. If he or she does not change his or her mind, the embryo must be destroyed at the end of the year.