Patients must keep in contact with fertility clinics as new law comes into force

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People should check that fertility clinics have their correct contact details following a change in the law that could see frozen eggs, sperm or embryos destroyed if consent isn’t renewed every 10 years.

From 1 July 2022, the law changed, allowing all patients to store their eggs, sperm and embryos for their own treatment for up to 55 years, providing they reconsent every 10 years. However, people who try to preserve their fertility – cancer patients for example – now must reconsent; something they did not need to do previously. This means that anyone who stored eggs, sperm or embryos before 1 July 2022, needs to renew their consent.

The law also changes how long sperm, eggs or embryos of a person who has died or lost mental capacity can be stored and used by the surviving partner. Partners of someone who has died who has their sperm, eggs or embryos stored, are also being advised to get in touch with their clinic.

Rachel Cutting, the HFEA’s Director of Compliance and Information, said:

“Life moves quickly but it’s extremely important that clinics have up-to-date contact details. If a clinic cannot contact a patient then their eggs, sperm or embryos may be disposed of. This is even if they consented for more than 10 years storage previously.”

If consent expires within the next two years, clinics have until 30 June 2023 to contact patients who had eggs, sperm or embryos in storage before the law changed on 1 July 2022. The HFEA recommend patients check their clinic has their current contact details to ensure they can do this.

Under UK fertility law – the Human Fertilisation and Embryology Act 1990 – anyone who wants to store their sperm, eggs (also known as gametes) or embryos can do so if they provide written consent. The consent process is important because it ensures a patient’s sperm, eggs or embryos are stored, and used in ways in which they are comfortable with, including if they pass away.

The updated law reflects the advances in science, changes in modern society and individuals’ reproductive choices, giving patients more time to make important decisions about their future. From 1 July 2022:

All patients can store their eggs, sperm and embryos for their own treatment for up to 55 years, providing they reconsent every 10 years
1. Donors can store their eggs or sperm for use up to 55 years and do not need to renew their consent
2. Providing patients consent to their sperm, eggs or embryos being stored and used in the event of their death, they can remain in storage for up to 10 years from the date they pass away.

The Department of Health and Social Care (DHSC) set the timetable for the change to be implemented. Parliament passed the legislation in April 2022, which required the HFEA to update and produce new consent forms by July 1 when the changes took effect, as well as guidance to support fertility clinics understand the changes.

To find out more about the storage changes, visit www.hfea.gov.uk