The Human Fertilisation and Embryology (Statutory Storage Period for Embryos and Gametes) (Coronavirus) Regulations 2020

New regulation 3A (extension of statutory storage period for premature infertility for a reason relating to coronavirus)

8.  After regulation 3 insert—

“Extension of statutory storage period for premature infertility for a reason relating to coronavirus

3A.— (1) In the circumstances specified in paragraph (2), the maximum storage period for an embryo shall, subject to paragraph (3), be the period beginning with the date on which the embryo was first placed into storage and ending twelve years after the date of the most recent written opinion given under paragraph (3)(b) of regulation 3 (“the extended storage period”).

(2) The circumstances referred to in paragraph (1) are that—

(a) the embryo in question is, on 1st July 2020, being stored, for the provision of treatment services, on premises to which a licence under paragraph 1 or 2 of Schedule 2 to the Act relates;

(b) a registered medical practitioner has, before 1st July 2020, given a written opinion under paragraph (3)(b) of regulation 3;

(c) neither of the relevant persons nor, where they are not one of those persons, the person to be treated, is, for a reason relating to coronavirus, able to obtain a further written opinion within ten years from the date that the written opinion referred to in sub-paragraph (b) was given;

(d) the relevant persons have consented in writing, whether before, on or after 1st July 2020, to the embryo being stored for at least the extended storage period for the provision of treatment services; and

(e) the statutory storage period for the embryo has not previously been extended under paragraph (1).

(3) Where the maximum storage period calculated in accordance with paragraph (1) would be greater than fifty five years, the maximum storage period for the purpose of that paragraph shall be fifty five years.”.