Fertility patients are turning to the courts to prevent their frozen embryos from being destroyed due to administrative errors. The errors were caused by changes in law, including an extension of the storage period for embryos and gametes from 10 years to 55 years, with individuals needing to give consent every 10 years.
The clinic mistakes ranged from failing to contact patients about the need to renew consent forms to holding incorrect medical details on file. Some clinics continued to accept annual storage payments, leaving patients feeling that everything was in order. In other cases, patients simply missed emails due to unclear subject lines or failure to update their email addresses.
The affected patients include those with cancer and fertility problems who had frozen gametes or embryos in the hope of conceiving later. For some, this is their only chance at having a child naturally. The court case has been brought forward by a group of 15 or more individuals, including couples and individuals, who are seeking to extend the storage period for their embryos without court intervention.
Their lawyers argue that destroying the embryos would be in conflict with Article 8 of the Human Rights Act, which guarantees the right to family life uninterrupted by the state. The applicants claim that they had given consent if only the clinic had put the process into effect as it should have. They are now being forced to wait "in limbo" for nearly a year while their fertility dreams hang in the balance.
The court has heard arguments from both sides, with some barristers representing the UK's fertility regulator and Department of Health and Social Care supporting consideration of individual cases on a case-by-case basis. However, others argue that if clinics fail to notify patients about the need for consent renewal, they should be given just six months to arrange it.
The High Court will provide a written judgment in the coming months, which could have significant implications for fertility patients across the UK.
The clinic mistakes ranged from failing to contact patients about the need to renew consent forms to holding incorrect medical details on file. Some clinics continued to accept annual storage payments, leaving patients feeling that everything was in order. In other cases, patients simply missed emails due to unclear subject lines or failure to update their email addresses.
The affected patients include those with cancer and fertility problems who had frozen gametes or embryos in the hope of conceiving later. For some, this is their only chance at having a child naturally. The court case has been brought forward by a group of 15 or more individuals, including couples and individuals, who are seeking to extend the storage period for their embryos without court intervention.
Their lawyers argue that destroying the embryos would be in conflict with Article 8 of the Human Rights Act, which guarantees the right to family life uninterrupted by the state. The applicants claim that they had given consent if only the clinic had put the process into effect as it should have. They are now being forced to wait "in limbo" for nearly a year while their fertility dreams hang in the balance.
The court has heard arguments from both sides, with some barristers representing the UK's fertility regulator and Department of Health and Social Care supporting consideration of individual cases on a case-by-case basis. However, others argue that if clinics fail to notify patients about the need for consent renewal, they should be given just six months to arrange it.
The High Court will provide a written judgment in the coming months, which could have significant implications for fertility patients across the UK.
I had a mate who was going through IVF and got her eggs frozen ages ago... now she's hearing this news and it's like, what if they mess up the storage too?! 
She's been paying these huge fees every year thinking everything is good to go. The thought of losing all that progress is just heartbreaking 
. I mean, can't we just give people more time to figure out their fertility plans before the law changes? 
It's like, don't they know how stressful and emotional this whole process is?! 
I'm literally so frustrated for these people! Like, can't we just make things easier? 
They're going through this super emotional rollercoaster because of some stupid errors with their embryos and gametes... 10 years to 55 years is like a huge difference! What if they've already accepted the fact that they might not be able to have kids naturally, only to find out that it's still gonna happen? 
! its like they think we r just gonna forget or somethin 
. for ppl who've been goin thru fertility issues, havin eggs/fetuses frozen is their only hope 4 a fam 
. and now dey're gettin forced 2 wait 4 a year or more 4 the courts 2 figger it out 
. its like our rights r b4 de state 
. i hop de court makes sense & deys actually do somethin about dis 
. its like they're saying "forget about your kid" if u dont wanna pay the renewal fee on time. meanwhile, theres a whole bunch of ppl out there dyin to have kids but are stuck in limbo because of administrative errors 
. It's like, clinics are supposed to remind people that their frozen embryos need to be updated every 10 years or they'll get destroyed 
. I mean, these people have been given false hope by the clinics and now they're being told that everything is up in the air 
. The court case is bringing this to light and hopefully something will be done about it 
.
. Like, patients could get an email every 10 years saying "hey, don't forget to update your frozen embryo storage" 
. That way everyone knows what's going on 
.
. I mean, i get that clinics make mistakes, but come on, can't they just contact patients about renewing their consent forms or something? 
. anyway, i hope those courts take a fair look at this thing and give those patients the chance to have their babies 
.