Time limit for storing frozen sperm and eggs extended in coronavirus lockdown

At some stage historians will sit down and analyse the impact of the coronavirus pandemic and perhaps identify some beneficial effects to weigh in the balance against the huge amount of damage done. Amongst those beneficial effects may be a softening of the position with regard to the time limit for destroying frozen sperm samples or eggs held for IVF purposes. Currently, unless there are any overriding health issues, those who store eggs or sperm for later use must use those samples within 10 years. If they do not do so by the end of that period, the samples will be destroyed.

There may well have been a logic to imposing such a strict time limit at the outset, when such treatment was relatively uncommon. Today, when the number of couples relying on IVF has risen exponentially (increasing ten fold since the Human Fertilisation and Embryology Authority was set up), that time limit can be the cause of considerable distress.

In response to the effects of the lockdown, the government has recognised that potential parents may be adversely affected by the delays in treatment. In the worst case scenario the 10 year time limit could come into play, bringing about the destruction of samples which would otherwise have been used had the parents been able to access treatment.

In consequence a 2 year extension has been put in place with immediate effect. This will ensure that any interruption to treatment due to COVID-19 restrictions does not bring about further harm and greater distress to potential parents. Frozen samples will not now automatically be destroyed at the end of the 10 year storage period.

It is hoped by those engaged in this field of practice that this short term extension may feed into the general review into the duration of the storage period which has been underway for some time. A longer period would appear to be more in keeping with scientific developments and social norms since the introduction of the time limit.

Clarke Willmott LLP is one of the few firms able to offer comprehensive legal advice on assisted reproduction and fertility law, including sperm destruction claims. For further information contact; Chris Thorne or Sarah Wood-Heath.