When donor consent is withdrawn after embryos are createdIVF.net Newsdesk15 September 2026 |
Creating embryos can give patients a sense that future treatment options have become more secure. For families using donated gametes, however, those options remain dependent on continuing consent. Two couples have brought this issue into public view after their sperm donors withdrew permission for further use, leaving embryos they hoped to use for another child unavailable for treatment.
BBC News reported that Nat and Nik Fraser-Edwards, from north Wales, spent £23,000 on fertility treatment, including unsuccessful attempts at artificial insemination, before having their son Jude. Following their donor’s withdrawal of consent, their five remaining embryos are now due to be destroyed. The couple are campaigning for consent to become irrevocable once an embryo has been created. Their experience raises a difficult question for reproductive medicine: how should the law account for the investment patients have already made when a donor changes their decision? BBC News
Samantha Beesley and Carly Estlick describe a similar situation in an account published by Fertility Action. Their treatment produced 11 embryos suitable for freezing, and the first transfer resulted in a pregnancy. Ten embryos remain in storage, but their donor has withdrawn consent to their use. The couple had hoped to retain the possibility of a full genetic sibling for their son.
Beesley, who was 41 when undertaking treatment, describes the prospect of starting again as physically, emotionally and financially uncertain. The couple acknowledge that they knew withdrawal was legally possible. They also recognise the importance of donor consent and say they do not know why their donor withdrew it. Their campaign asks whether the circumstances should receive greater consideration once embryos exist, rather than seeking to criticise the donor personally. Fertility Action
The current UK framework places the decisive point at embryo transfer. The Human Fertilisation and Embryology Authority explains that a gamete provider can withdraw consent before an embryo is transferred to the womb, even after fertilisation and embryo creation. Previous written consent therefore does not guarantee that stored embryos will remain available for future treatment. The requirement applies to donors as well as partners whose gametes were used to create the embryos. HFEA
Consent to use and consent to storage also need to be distinguished. Where one gamete provider withdraws consent to continued embryo storage, a cooling-off period can allow storage to continue for up to 12 months, subject to the applicable legal limits. This provides time for reflection and possible agreement, but does not permit treatment without the required consent. If the disagreement remains unresolved at the end of the applicable period, the embryos must be removed from storage and destroyed. Gateshead Health’s patient guidance explicitly states that this provision also applies to egg and sperm donors. Gateshead Health
For fertility professionals, these cases illustrate why counselling about withdrawal needs to address concrete situations. Patients may understand that a donor can change their mind without fully appreciating that this can affect embryos remaining after a successful pregnancy. The HFEA requires informed written consent and says patients should receive full information and be offered counselling before consenting. Discussing future sibling treatment makes the implications of that consent more tangible. HFEA
The proposed change involves a substantial ethical choice. Making consent irrevocable at fertilisation would give recipients greater certainty about embryos already created, while reducing the donor’s opportunity to reconsider before a pregnancy begins. Retaining the present boundary protects that opportunity, but leaves patients exposed to losing treatment options after undergoing egg collection and embryo creation.
These accounts make the consequences of that balance visible. They also suggest a practical focus for the profession: clear explanations before treatment, careful consent management throughout storage, and support that recognises what the loss of existing embryos means for a family’s plans.
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