Fertility preservation - sperm freezing: patient information

What are the legal implications of storing sperm?

In the UK, the use and storage of sperm are regulated by the Human Fertilisation and Embryology Authority (HFEA). Under the Human Fertilisation and Embryology Act (1990), you must provide written consent for the following:

• The storage of your sperm
• The duration for which your sperm can be stored
• The purposes for which your sperm can be used
• Your wishes regarding the stored sperm
• What should happen to your sperm in the event of your death or if you become unable to change or withdraw your consent (these are standard questions for all patients considering fertility preservation)

The maximum storage period for your sperm is 55 years but consent must be renewed every 10 years.

Once your sperm is stored, it is crucial to maintain communication with the storage centre. Notify them immediately of any changes to your contact details, such as a new address, to ensure they can stay in touch with you. If the storage centre cannot contact you they may no longer be legally permitted to store your sperm and will be required to discard the sample/s.

It is important to let the centre know about any changes in partnership status or name changes, as new consent forms may need to be completed to continue with storage.

If you have a partner and you wish to allow your partner to use your sperm in the event of your death, you must complete specific consent forms with the storage centre to authorise this.

If you decide to stop storing your sperm, you will need to contact the storage centre to arrange for it to be discarded. Additionally, the fertility centre may schedule follow-up appointments to check whether you are still producing sperm. If you are, the NHS may no longer cover the cost of ongoing sperm storage.