Bilateral consent to use sperm/embryos for reproductive purposes

ELAG (07-07) 4…the storage or use of embryos created using their gametes,the person seeking their consent should give them information about thefollowing:…b) the right to vary or withdraw the terms of consent at any time up to the pointwhere the gametes or embryos have been transferred to a patient in the courseof fertility treatment or in a project of research; and…d) in the case of embryos, the consequences of a variation or withdrawal ofconsent by either gamete provider where the wishes of the gamete providers, orwhere she is not one of these people, those of either gamete provider and thewoman to be treated, do not coincide…33.12 nd case: AL v a hospital NHS Trust and the HFEAThe second case concerns a deceased male patient in relation to whom aHigh Court Declaration was sought and obtained out of hours. It wasdeclared that it was lawful for doctors to retrieve his sperm and for hissperm to be stored. It is assumed that the declaration was sought becausethe deceased man had not given his consent before he died. The HFEA isparty to the proceedings, but does not intend to take an active part.44.1ConclusionELAG is invited to discuss the cases and any implications they may raisefor the HFEA. This might include the following questions:• Does the HFEA need to consider any additional guidance for theCode of Practice?• Should the HFEA propose any additional provisions to the HumanTissue and Embryos Bill, over and above their previous suggestionof a one year ‘cooling off’ period in cases of disputes betweengamete providers?• More fundamentally, how ethically sound are the ethical principlesupon which the current UK law rests in relation to a gameteproviders consent/ control over their genetic material? What are themerits or disadvantages of alternative consent frameworks of otherPage 4 of 7 TRIM 07/8609