UK fertility regulator defends consent rules after embryo storage dispute
The Human Fertilisation and Embryology Authority responded to calls for legal change after two couples faced losing embryos because their sperm donor withdrew consent. The HFEA's chief executive stated that the law allows consent to be withdrawn at any time before use, and clinics must dispose of embryos after a 12-month cooling-off period. He noted that such cases are rare and any legal changes would be for Parliament.
The Human Fertilisation and Embryology Act 1990 establishes that consent to embryo storage and use may be revoked at any point prior to actual treatment. This applies equally to patients, partners, and donors, reflecting the legal principle that embryos derive from two individuals whose ongoing agreement is required. Clinics must observe a 12-month cooling-off period following consent withdrawal before disposing of stored embryos.
The HFEA's regulatory role is confined to implementing the statutory framework rather than altering it. Peter Thompson emphasised that any legislative amendments would require government action. He also noted that consent withdrawal cases remain uncommon, while directing affected patients to clinic guidance and the authority's website for further information.
This dispute highlights the emotional vulnerability of individuals relying on assisted reproduction, where legal frameworks may not align with personal expectations. Couples who have invested significant time and resources in fertility treatment could face devastating outcomes if donors change their minds. The case may prompt broader public discussion about consent rights, genetic parenthood, and whether current regulations adequately balance donor autonomy against recipient interests. It could also influence how clinics communicate risks to prospective parents.