When gametes or embryos are stored, we need to understand what to do with them in the event of your death or incapacity.
The Human Fertilisation and Embryology Authority (HFEA) consent to treatment and storage forms outline the potential for posthumous storage and use on behalf of a NAMED partner. If you agree to use by your partner in these circumstances it is important to know what this means.
Use of gametes for men
If you want your partner to have the option to use your sperm or embryos in the event of your death or mental incapacity, then you should complete the relevant section of the HFEA MT form on your online consent portal. You will need to consent to the storage of sperm and/or embryos and to the use of sperm/embryos in the event of your death or mental incapacity.
This will then allow your partner to be able to make decisions about the use (or disposal) of your sperm or embryos made with your sperm if they are the named partner on the MT form and have provided their own eggs to create the embryos.
The sperm or embryos cannot be used for the treatment of anyone else including through donation, as this requires separate arrangements to be made.
If you have completed the relevant part of the MT form, then this allows for your named partner to use stored sperm or embryos to create a child/children even if you are dead or incapable of making further decisions regarding this. This consent applies for a maximum of 10 years following that event/diagnosis or earlier if you choose a shorter period.
Please note that sperm and/or embryo storage is not always clinically indicated so you may not have any sperm or embryos in storage after your treatment is complete.
Use of gametes for women
If you want your partner to have the option to use your eggs or embryos in the event of your death or mental incapacity, then you should complete the relevant section of the HFEA WT form on your online consent portal. You will need to consent to the storage of eggs and/or embryos and to the use of eggs or embryos in the event of your death or mental incapacity.
This will then allow your partner to be able to make decisions about the use (or disposal) of your eggs or embryos made with your eggs if they are the named partner on the WT form and have provided their own sperm to create the embryos.
However, your partner could only use your stored eggs or embryos using a surrogate to carry a pregnancy. For this reason your declared intention on the HFEA WT form to allow your partner to use your eggs or embryos in the event of your death or mental incapacity needs to be validated to make that provision.
The HFEA WT form does not provide the necessary consent for treatment of a surrogate.
For your partner to take advantage of your declared consent for use of your eggs or embryos in the event of your death or incapacity, you must also have signed consent for their use in treating a surrogate.
In order to consent to this, you must be seen by a counsellor to make sure you fully understand the implications of this and in order for a surrogate to use your eggs or embryos you must have undergone the relevant screening tests.
This package of work is not part of NHS commissioning for fertility treatment so you must pay these costs yourself.
Up to date costs can be viewed on our private patients website or can be requested by emailing [email protected]
Some of the screening tests need to be completed each time you create embryos so there will be an additional charge for each subsequent treatment cycle where you want to give your consent for use of your eggs or embryos in the event of your death or mental incapacity.
Please note that egg and/or embryo storage is not always clinically indicated so you may not have any eggs or embryos in storage after your treatment is complete.
