Learning Objectives:-

Under the Human Fertilisation and Embryology Act 2008, Section 2.33, storage of an embryo necessitates consent from both parties whose gametes will be used in the formation of the embryo, in writing. It also states that at any point before the time that the embryo is used in treatment, consent may be withdrawn by either party [1]. If consent is withdrawn from either party, then the embryo may no longer be kept in storage and destroyed. The consent must be 'effective'- that means no party should withdraw consent. A precedent was set in Evans v. UK (2006), where it was determined that effective consent is valid until the time of implantation (of the embryos)[2]. The consent must also include specific remits, e.g. the maximum period of time for which embryos or gametes can be stored.

When disagreement is reached on the future of the stored embryos, the government has proposed a 'cooling off' period, of a period of 1 year, to allow time in which the parties involved can reach a decision on the future of the stored embryos [3]

• Implantation of an embryo without consent of both parties involved would be unethical.
• The financial and legal issues of the father are unclear in the circumstances of IVF. If the embryo were implanted, the child may claim financial inheritance from the father, who may have other commitments, so this may become financially and psychologically traumatic for the partner.
• The welfare of the child needs to be taken into account, as he/she may feel abandoned by the father, which may cause psychological issues. Also "the need for supportive parenting" needs to be considered as studies have shown that for the best upbringing of a child the presence of both parents is paramount.
• If the embryo were to be implanted without the consent of the partner, then the doctor would be liable as he proceeded with the knowledge that this was not what the partner requested.
• If one of the parties wants to use the stored embryos, and the other withdraws consent, that party may find this unfair, and even argue that it denies the embryo's 'right to life'. They may even argue that it goes against their 'right to respect for private and family' [4]. Conversely, the conflicting party may also quote the same article to argue for their right to not become a parent.

• If the embryo is unable to be implanted, the patient will be unable to have children that are genetically hers. Therefore it is vital that support and advice are provided about the situation and the options available to her.
• As consent has now been withdrawn, should the embryos be immediately discarded, or should there be a 'cooling off period' in which the patient and her ex-partner have more time to make a decision.

• Human Fertilisation and Embryology Act 2008
• Evans v. UK (2006)
• Department of Health review of HFEA act, 2006
• Article 8, European Convention on Human Rights (ECHR)

Vres says...

Didn't NICE make an document that stated that there should be 3 IVF cycles provided?

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Vres replied...

http://www.nhs.uk/conditions/IVF/Pages/Introduction.aspx Just found a link for it, it says 3 cycles

| 1 votes

Whistler replied...

Well you're right, NICE does state that you can have 3 cycles but different trusts will apply it differently (just look at your own posted website!!!)

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Dom replied...

http://www.bbc.co.uk/news/health-12566716 Looks like the NHS will have to tighten its budgets and batten down the hatches for the future....

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reinaMiller says...

A long time ago, In Vitro Fertilization (IVF) was a mysterious procedure for infertility that produced what were then known as "test-tube babies," but today, IVF is practically a household word. The success of an IVF procedures were not guaranteed to be 100 percent, but many cases were successful. To add more, you need a big cash to undergo in this process because it is an expensive one. The price will vary depending on where you live, the amount of medications you're required to take, the number of IVF cycles you undergo, and the amount your insurance company will pay toward the procedure.

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