Clarity of IVF laws on use of embryos following a seperation
Clarity of IVF laws on use of embryos following a seperation


Who am I?
I am a mother of one child that my husband and I had via IVF. My husband and I have separated and starting divorce proceedings. We have further embryos frozen that we had intended to use together to expand our family and give our child siblings. I feel that these embryos are a part of me and whilst I may have further children with a future partner, it would not replace these embryos and the potential future children they are. I would like to give the embryos a chance, an opportunity to life. My husband does not agree with me on this.
The Case
Consent must be given by both parties to store the embryos and then consent must also be given by both parties at the time of implantation for the implantation.
Currently the embryos are being still being stored following consent being given by both my husband and I prior to our separation, the embryos can only continue to be stored with joint consent – if either party withdraws consent there is a cooling off period of 12 months and then the embryos must be destroyed.
The law is currently unclear with regards to outcome for the embryos when there is differing consents following a separation/ divorce.
Based upon my husbands current position, I hope to have the embryos donated to myself and I would have full legal and financial responsibility for them and my husband not be the child(ren)'s legal father or have any financial responsibility for them. Clarification is required around the process of donating embryos in this situation and the legal standing for both myself and my husband before this process could start.
There is an additional aspect of if my husband does not agree to donate the embryos and/or removes consent for them to be stored, what are the legal avenues I can take in order to be able to use the embryos.
The ask
- I am hoping to raise £5,000 to pay for the initial consultation with a Q.C specialising in law relating to reproductive technologies and the corresponding legal fees.
- The hope is to clarifying my legal position with regards to use the embryos and understanding the rights of the mother and those of the embryos.
- The increasing use of IVF amongst couples means that this is an evolving and expanding area of the law. Clarification in the law I hope will help prevent future parents the anguish that I am currently experiencing and the risk that I might not be able to be a mother to my potential children
The next steps
Once I have raised the funds I will have a consultation with the specialist Q.C and then I hope to be be able to get agreement for the embryos to be donated.
The Q.C will hopefully also outline a path if I am not able to get my husband to donate them as to what the next steps are in order to get approval to use the embryos
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N.B: To protect the privacy of my child, a stock photo has been used.
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