The current storage period for embryos and gametes is limited to 10 years, at which point patients must choose whether to undergo fertility treatment or to have their frozen eggs, sperm or embryos destroyed. After announcing fertility clinic closures due to COVID-19, the Government recently applied a two-year temporary extension to the 10-year statutory limit. However, there is increasing support for a permanent change.
The Human Fertilisation and Embryology Act 1990, as amended, limits the storage of embryos and gametes for fertility treatment to no more than 10 years, unless a medical practitioner has given a written opinion that the person to be treated has or will develop premature fertility (e.g. through cancer treatment or gender reassignment), in which case storage can be extended up to 55 years.
In February 2020, the Department of Health and Social Care launched a public consultation on gamete and embryo storage limits. The Human Fertilisation and Embryology Authority in their response, stated that they were in favour of a change in legislation:
“The current 10-year statutory storage limit and 2009 Statutory Storage Period for Embryos and Gametes Regulations are too restrictive and negatively impact on a persons’ reproductive choice.”
They have confirmed that they would support regulation that allows patients to store their gametes and embryos for a maximum of 55 years, with an initial 10-year period, provided they meet certain conditions. They have suggested that patients provide fertility clinics with new written consent to storage every 10 years and confirm that they are storing because they intend to use the gametes or embryos in their own treatment or in their partner’s treatment (including surrogacy arrangements).
The optimum time for a women to freeze her eggs is before the age of 35, when the quality and number of eggs starts to decline. However, the current legislation leaves women at a disadvantage, as depending on when a woman elects to freeze her eggs, she may need to store them for longer than the current 10-year period.
Egg freezing was originally used for women looking to preserve their fertility prior to cancer treatment, which would leave their fertility at risk. However, women are now wishing to freeze their eggs at a young age to preserve their fertility for many different reasons. For example, not having met the right partner, pursing other commitments such as a career or caring responsibilities, or not being financially ready. It seems arbitrary to maintain the 10-year limit on storage, as the legislation is based on whether a person is likely to become or is prematurely infertile, when in fact there are a number of reasons why an individual may want to store their gametes or embryos. The demands of modern living are making it increasingly difficult for individuals to start a family and the current legislation does not provide enough time for people to do so.
Further, when the legislation was introduced, eggs, sperm and embryos could not be stored effectively for long periods, which allowed clinics to destroy samples that could not be used. Since then, freezing methods have been developed much further and gametes and embryos are far more likely to maintain their quality when fertilized using vitrification techniques.
The 10-year limit is almost forcing men and women to either delay their freezing, which could decrease the chance of achieving a health pregnancy, or alternatively, they face the prospect of having to decide whether to destroy their frozen gametes or embryos, or feel pressured into having a child before they are ready. Changing this legislation would provide the flexibility for individuals to make their own decisions, without having to sacrifice careers or relationships.
The temporary measure to extend storage by two years will hopefully bring about positive change to this area and eventually replace the outdated legislation. One issue that may arise is the increase in geriatric pregnancies, which often have negative health risks to both the mother and baby. Therefore, it may be the case that the extension of storage will need to be reviewed on a case-by-case basis after the initial 10-year period.
It is clear that the law needs to change as the current legislation does not provide enough autonomy for those wanting to preserve their fertility, and individuals should be allowed to make these decisions without being restricted by outdated UK law.
(The Progress Educational Trust recently created a petition to extend the limit on social egg freezing. You can sign this petition here.)
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