Why do some couples need embryo donation?
Some couples may require donated embryos if they are unlikely to conceive a baby by using their own eggs and sperm or are at a high risk of passing on an inherited disease.
Legal Implications
Legally and socially, once you receive the frozen embryos you will be the parents of any child that is born. The donors will give up any legal claim to the child.
You will have access to non- identifying information about the donors.
The following non-identifying information about the donor may be requested (if the donor has provided it) from the age of 16:
- Physical description (height, weight, eye, hair, and skin colours)
- Year and country of birth
- Ethnic group
- Whether the donor had any genetic children when they registered and the number and sex of those children
- Other details the donor may have chosen to supply (e.g., occupation, religion, and interests)
- The ethnic group(s) of the donor’s parents
- Whether the donor was adopted or donor conceived (if they are aware of this)
- Marital status (at the time of donation)
- Details of any screening tests and medical history
- Skills
- Reason for donating
- A goodwill messages
- A description of themselves as a person (pen portrait)
From the age of 18 a child will have access to the following identifying information about the donor:
- Full names (and any previous names)
- Date of birth, and town or district where born
- Last known postal address (or address at time of registration)
If you give birth to a child as a result of donation then you will be entitled to access:
- All non- identifying information about the donors
- Information about the number, sex, and year of birth of any other children’s, genetically related, donor-conceived siblings
The donors may also request information about any children born as a result of their donation i.e., the number of children born, their sex and year of birth. No identifying information will be given.
What is the legal situation?
The Human Fertilisation and Embryology Act passed by Parliament (1990) defines the mother as the woman who carries or gives birth to a child and her husband or partner as the father or legal parent. At the time of the donation, the donors give up all legal rights and claims over any offspring that may result from the donated embryos and all duties towards the child or children.
If a child born from donation is disabled in anyway, the donor will not be held responsible. However, they do have a responsibility to inform us of any genetic or inheritable diseases which present themselves in their immediate families (section 35, 1990 HFEA). The Congenital Disabilities (Civil Liability) Act 1976 enables a child to bring a civil claim for damages against another person whose wrongful act caused that disability. The legislation does not impose criminal liability.
What will happen?
If you would like to use donated embryos we would need to arrange an appointment for both of you to discuss the process and investigations needed before your embryos can be used. You may need to have a blood test performed for Cytomegalovirus (CMV) and blood group. These are tests that are not usually performed during standard IVF treatment. The cytomegalovirus (CMV) is a virus which produces a mild flu like illness in adults but if caught when pregnant it can cause abnormalities in the developing baby. If you are not immune to CMV then you should be matched with a donor who is also not immune to CMV.
The donors will have also been screened for these bloods and also further screening tests including HIV, Hepatitis B and C, Syphilis, Gonorrhoea and Chlamydia. They are also screened to check for Cystic Fibrosis and also any possible genetic defects. If the donor does have any genetic or inheritable diseases, they may not be allowed to donate.
You will be given information about the embryos we have available. These will tell you about the age, height, weight, hair, eye, and skin colour of the donors to allow you to choose the donors you prefer. You may wish to match these characteristics to yours as much as possible, however, we usually have only one or two sets of donor embryos available at any time.
Once you have decided on a set of embryos, you will be asked to complete and sign a declaration form, confirming the embryos unique code to allow the unit to match you up to the correct donors.
Will I be given counselling?
The guidelines issued by the HFEA states that skilled and independent counselling by someone other than the medical practitioner involved in the procedure must be available to the donor.
The independent counsellor attached to the unit will conduct the sessions.
We require that implications’ counselling be provided for a minimum of one session. This session is compulsory.
At this unit we offer free independent counselling. You should ensure that you are given and have understood sufficient information to make an informed decision. This session will be performed via video call and will be at a time arranged between yourself and the counsellor.
Please note that until the point of embryo transfer, the donors can withdraw their consent to donate at any time.
If you are in doubt about any part of the procedure, before, during or after your treatment and the ethical aspects involved, please feel free to ask questions or call us on the unit 0191 445 2768
Websites
You may find the following websites useful:
HFEA – www.hfea.gov.uk
Donor Conception Network – www.dcnetwork.co.uk