Fertility Insights | Using Donor Eggs | Sperm donation | IVF | Featured Articles

15 September 2026

When does sperm donor consent end? Protecting families after an embryo has been created

Consent is fundamental to fertility care. But once an embryo has already been created, where should the line be drawn? We look at why the law may need to change and what it means for the families in our care.

For families using donor sperm or donor eggs, consent is an essential part of fertility treatment. But what happens when a donor withdraws consent after an embryo has already been created?

Under current UK law, a donor can withdraw consent to the use or storage of their gametes, or embryos created using them, at any point before embryo transfer. This means that, in certain circumstances, families can face uncertainty over embryos already created for their treatment and future family plans.

At London Women’s Clinic, we believe the law should provide clearer and fairer protection for both donors and recipient families.

Recent experience has highlighted the significant consequences that late withdrawal of donor consent can have for families.

Two couples had successful first cycles of fertility treatment, with additional embryos stored for possible future treatment and the hope of having genetically related siblings. Long after their embryos had been created, and before further embryo transfers took place, their donors withdrew consent to their use.

Neither couple has blamed the donor. Instead, their experiences raise an important question: does the current law strike the right balance between donor consent and protecting the families who are relying on embryos already created for their treatment?

These situations are rare, but when they occur, the consequences can be deeply distressing.

One family described the possibility of losing all 10 of their stored embryos:

“When we look at those embryos, we don’t see something abstract – we see the possibility of our future family and the possibility of our little boy having a full genetic sibling.”

For families in this position, the impact can extend beyond emotional distress. Starting treatment again may involve significant financial costs, further time and uncertainty. For some patients, age, health or changes in their circumstances may also mean that repeating treatment is not a realistic option.

Under current UK fertility law, a sperm or egg donor can change or withdraw their consent at any point before an embryo is transferred to the womb. The HFEA confirms that this remains possible even after embryos have been created.

This means that a donor's consent may still be required for the continued storage or use of embryos created using their sperm, even where those embryos were created for a specific recipient family and may have already been used successfully in an earlier treatment cycle.

The law also provides for a cooling-off period of up to 12 months in certain circumstances following withdrawal of consent to storage. If effective consent is not restored, the embryos can no longer lawfully remain in storage or be used in treatment.

The result is an unusual imbalance. A donor remains able to withdraw consent after their donated sperm has already been used to create embryos, while the recipient family may have made significant decisions, plans and commitments based on those embryos being available for their treatment.

This is not about weakening the fundamental principle of consent.

Donors should retain full autonomy over unused eggs or sperm. Their decision to donate must be informed and voluntary, and they should receive appropriate information and counselling before providing consent.

However, consent also needs a clearly defined endpoint.

Once a donated sperm or egg has been used to create a specific embryo, it no longer exists as a separate gamete awaiting use. The consented act of using that gamete to create the embryo has already taken place. What remains is an embryo created for another person's treatment. It is no longer simply an unused donor sample.

We believe this distinction should be recognised in law.

Before a donated gamete is used, the donor’s choice should remain decisive. Once an embryo has been created using valid, informed consent, we believe the recipient family should be able to rely on that consent for the treatment for which the embryo was created.

This would not remove a donor’s autonomy. It would establish a clear point at which the interests and reliance of the recipient family must also be recognised.

Fertility treatment has changed considerably since the current legal framework was introduced. The law now permits sperm and embryos and eggs to be stored for up to 55 years from the date they were first placed in storage, provided the necessary consent is renewed every 10 years.

This creates a growing period during which circumstances can change for donors and recipient families alike. A donor may experience changes in their personal circumstances, relationships or feelings about their donation. Meanwhile, a recipient family may be planning future treatment around embryos already created, particularly where they hope to have genetically related siblings. A clearer legal framework could provide greater certainty for everyone involved.

It could also help reduce the difficult position in which donors may feel pressure to reconsider consent later, while ensuring that recipient families are not left without meaningful protection after treatment has already taken place.

The HFEA has acknowledged the need to modernise fertility law, including the rules surrounding consent. While proposals for reform have been discussed, no immediate legislative change has been introduced to address this specific issue. Until the law changes, families affected by late withdrawal of donor consent may continue to face uncertainty.

What this means for fertility patients

For patients using donor sperm or donor eggs, consent is an important part of the treatment process. At London Women’s Clinic, we work closely with our sister donor banks, London Sperm Bank and London Egg Bank, to support patients considering donor treatment.

We recognise that decisions around donor conception can involve hope, careful planning and significant emotional investment. Patients should receive clear information about consent, storage and the potential implications of donor withdrawal before treatment begins.

These cases are uncommon, but their impact demonstrates why the legal framework deserves further consideration.

Our view is that a consent system should protect both donor autonomy and recipient reliance.

Before a donated gamete is used, donor choice should be decisive. Once an embryo has been created with valid consent for a recipient family's treatment, patients should have greater certainty that they can rely on that embryo being available for its intended use.

That is not an abandonment of consent. It is consent with a clear, fair and humane boundary, one that recognises the rights and interests of both donors and recipient families.

At London Women's Clinic, we believe this balance deserves a clearer place in UK fertility law.

This article draws on a commentary by Dr Kamal Ahuja, Scientific and Managing Director, and Professor Nick Macklon, Medical Director, on the withdrawal of donor consent after the creation of embryos. You can read their full commentary in BioNews here.

All of our blog posts are written, edited, or produced by the London Women's Clinic Content Team. This is a collaboration between our expert writers, health editors, and the leading researchers and senior doctors at our Harley Street clinic.

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