Reminder regarding the end of the Transition Period for storage of gametes and embryos
The Transitional Period for the 2022 storage laws ends on 30 June 2024.
We issued specific guidance to support clinics during this period in the February 2023 Clinic Focus, the March 2024 Clinic Focus and section 13 of the Clinic FAQs on new storage legislation. Please also refer to the Code of Practice, guidance note 17 and the Clinic Practical Guide on legal changes to storage limits and guidance. We have issued guidance on how clinics can guide patients to give or renew consent to storage in Consent Forms: a guide for clinic staff.
Patients whose Consent Period ends during the Transitional Period needed to renew consent by 30 June 2024 for storage to continue.
In most cases, a Consent Period is 10 years from date of first storage, irrespective of the period of time to which they actually give consent to storage. The exceptions are:
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For patients storing under the 2009 Regulations the Consent Period is 10 years from the date of the most recent written opinion from a registered medical practitioner as to premature infertility (MPS),
- For patients whose storage was extended under the 2020 Regulations, the Consent Period is calculated from the date provided for by extension of storage for a reason related to Coronavirus,
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For patients storing under the 1991/1996 Regulations, the Consent Periods can be calculated using the calculator tool which can be accessed from the Chief Executive’s letter addressing changes to the interpretation of the 1991 and 1996 storage regulations.
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For patients who were under 18 years old at the time of first storage, the Consent Period will begin on the day on which they first give consent to storage, after becoming competent and having capacity to give such consent.
See paragraphs 1.1 and 1.2 of the Clinic FAQs on new storage legislation for further details.
Where these patients do not renew consent by 30 June 2024, clinics need to take the following actions:
For gametes
If consent was not renewed during the Transitional Period, storage is no longer lawful after 30 June 2024. Gametes must be removed from storage and disposed on 1 July 2024.
Storage beyond this point is unlawful however we will be proportionate on inspection provided we can see the clinic made every effort to discard of material that is unlawfully stored as quickly as possible.
For embryos
If consent was not renewed during the Transitional Period, storage can continue until 31 December 2024 (unless consent is withdrawn before this date by both of the gamete providers).
Storage beyond this point is unlawful however we will be proportionate on inspection provided we can see the clinic made every effort to discard of material that is unlawfully stored as quickly as possible.
Consent cannot be renewed after 30 June 2024 and patients cannot use the embryos in treatment or consent for the embryos to be used for another purpose (such as research). It is not mandatory for clinics to continue storage of these embryos beyond 30 June 2024.
For these embryos, clinics must issue an NWC(TP) Statutory Notice to each gamete provider (excluding donors) as soon as practicable on or after 1 July 2024 to notify patients that their consent has been taken as withdrawn. If both gamete providers withdraw consent before 31 December 2024, centres should remove embryos from storage at that stage. If consent is not withdrawn by either or both gamete providers, then the last date of lawful storage is 31 December 2024.
Please see the Clinic FAQs on new storage legislation for further guidance, including support for the end of the Transitional Period (section 13) and when to dispose of gametes and embryos where consent is taken as withdrawn (paragraphs 7.2 and 7.4).
If you have any questions about this, about cases where consent expires (but the Consent Period has not ended) or where storage was unlawful before the start of the Transitional Period, please contact your inspector.
Please see section 11 of the Clinic Practical Guide on legal changes to storage limits and guidance for information about the 2024 Regulations which were introduced in May and mean that gametes and embryos for a specific cohort of patients who died before 1 July 2022 can be stored for longer.
We will issue further guidance on storage after the end of the Transitional Period in July.
