Over the last few years we have received an increasing number of enquiries from clinics that have gametes or embryos in storage for which there is no longer valid consent for storage, but where patients wish to continue storing.
We are running a range of initiatives over the coming months to help improve understanding and practice in this area including a workshop at the HFEA conference in June.
We will also be making changes to the guidance on storage consent when the Code of Practice is updated later in the year and we are producing the first HFEA training video on the topic which you will be able to view later in the year when the new PR Entry Programme goes live.
What do we mean when we say ‘no longer valid consent for storage'. This refers to one of two scenarios; the first is where a patient has given consent to storage of his or her gametes or embryos for a period, any period up to the statutory maximum of ten years, but that period has lapsed. The second is where the patient has given consent to storage for the statutory storage period of ten years, but that ten-year period has lapsed.
It is important to remember that storage of gametes and embryos requires the consent of the gamete providers. At its worst, a clinic’s failure to comply with the statutory consent requirements may result in the patient’s gametes or embryos having to be disposed of against their wishes. In addition, storage without consent is a breach of licence conditions and in certain circumstances, unlawful storage of gametes and embryos could be a criminal offence. In other words, storage without consent can have negative consequences for your patients and may result in regulatory action being taken against your clinic or in extreme cases, a recommendation that the Person Responsible is not suitable. It is therefore incumbent on you to do more to avoid storing without consent.
These scenarios usually arise through a clinic oversight. One of the most common is a failure to consider whether storage can be lawfully extended before expiry of the initial consent period. Of course, everyone recognises the importance of consent, but the number of cases we are seeing also suggests storage consent is poorly understood.
If you find that you are storing gametes or embryos without consent, you should discuss this with your inspector and if necessary, seek legal advice about the application of the law in the particular circumstances.
Publication date: 9 April 2026