Following fertility treatment, you may have frozen embryos which you decide not to use yourself. You could consider donating these embryos to a woman or couple who otherwise might not be able to have a much longed-for family. This information leaflet is designed for people who are considering donating their frozen embryos to others. If you have any questions after reading this leaflet, then please do not hesitate to contact the Unit on either 0191 445 2768 or [email protected]
Why do some people 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. Some single women may also wish to use donor embryos for similar reasons.
Becoming an Embryo Donor
The gift of donated embryos to another couple is one of the most generous gifts anyone can give. However, the decision to donate your embryos can have far reaching consequences not only for yourself but for your own family, any children resulting from the donation and for those who receive the donated embryos.
It is for this reason you need to be aware of all the implications of your offer to donate so that you can make an informed choice.
Who can become an Embryo Donor?
In order to be eligible to donate your embryos, the female partner (or egg donor) must have been aged between 18 and 35 when the embryos were created, and the male partner (or sperm donor) must have been aged between 18 and 45 when the embryos were created. Both partners (or donors) will need to be free from transmissible diseases and have no personal or family history of inheritable disorders.
Embryo Donation and The Law
As the person donating the embryos you will not be the legal parent of any child or children born through embryo donation. The Human Fertilisation and Embryology Act passed by Parliament (1990) defines the mother as the woman who gives birth to a child and her husband or partner as the father or second parent. At the time of the donation you 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.
However, when a donated embryo is used in the treatment of a single woman, the law is not as explicit about who might be considered to be the legal father and there is a clear legal risk that the man whose sperm was used in the creation of the embryo may be considered the father.
The HFEA therefore advises any man intending to donate an embryo that was originally created for his partner’s and his own treatment to seek legal advice before doing so. In particular, he should satisfy himself about any potential to be recognised in law as the father of any child born if the embryo is donated to a single woman who does not have a husband or civil partner or has not entered into a parenthood agreement with another person.
One way of avoiding this potential uncertainty is for a couple donating an embryo (or a man donating an embryo created during treatment with his partner) to consider placing a condition on the use of the donated embryo. The woman could, for example, state that the embryo should only go to a woman who is in a legally recognised relationship that gives legal parenthood to her husband or civil partner or who has consented to another person being the second parent to her children.
Is Embryo Donation Anonymous?
It is no longer possible to donate embryos anonymously in the UK. Since 2005, all egg, sperm and embryo donors in the UK must agree to be identifiable to any person conceived from their donation.
What information will the recipients or any resulting children be given about me?
From the age of 16, any child born as a result of donation is entitled to the following non-identifying information about their donors (if the donor has provided it):
- physical description (height, weight, eye, hair and skin colours)
- year and country of birth
- ethnic group
- ethnic group(s) of the donor’s parents
- whether the donor had any genetic children when they registered, and the number and gender of those children
- 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
- other details the donor may have chosen to supply (eg, occupation, religion, skills and interests)
- reasons for donating, a goodwill message and a personal description
From the age of 18 any child born as a result of donation will also have access to the following identifying information about their donors.
- full name (and any previous names)
- date and town of birth
- last known postal address (or address at time of registration).
The recipients of your embryos can also have access to non- identifying information about you, as listed above. If the recipient gives birth to a child as a result of donation, then the recipient will also be entitled to access information about the number, sex and year of birth of their children’s genetically related donor-conceived siblings.
It is also important to be aware of the impact of home DNA testing and on-line matching services in relation to identification of donors. An increasing number of people are using these sites to find out about their ancestry, health or identify their genetic relatives. Many of the sites also allow users to ‘match’ and make contact with other users on their database with whom they are genetically related, often using their real names. Even if you don’t use one of these sites yourself, if one of your close genetic relatives and someone conceived from your donation are both signed up to it, you could potentially become identifiable. Your identity could be inferred, if information about genetic ‘matches’ is combined with other publicly-available information about you (eg, information about you on social media). This means that at any time, there exists the possibility that donors may be identified outside of the managed system of information provision overseen by the HFEA.
What information am I entitled to receive about my donation?
At any time following your donation, you are entitled to know whether your donation has been successful, the number of children born as a result of your donation, and the gender and year of birth of these children.
How many children can be born from my donation?
Legally, a maximum of 10 families can be created from your donation (this might be more than 10 children, as siblings are included). However, you have the right to limit this to any number you wish from 1-10. Practically, the number of embryos you have donated will also affect how many children might be born from your donation.
Can donors be sued for any reason?
A donor-conceived person born with an abnormality could sue their donor for damages if it is proven that the donor had not told the clinic relevant facts about their or their families medical history when they donated.
This is why it is important to inform us of any inherited disabilities, or physical or mental illnesses that affect you or anyone in your family. If you become aware of any such information after you have donated your embryos, it is important that you contact the Unit and inform us.
What will happen?
If you are interested in donating your embryos we will arrange an appointment for both of you to discuss the process in more detail. At the appointment we will obtain an up to date history from you both and ensure that there are no medical reasons why you would not be able to donate your embryos.
There will be several forms for you to fill in. These include Human Fertilisation and Embryology Authority (HFEA) forms to register you both as donors, give consent to the disclosure of information and give consent to the use of your donated embryos. You will be encouraged to write a personal description and goodwill message which will be read by your recipients and any children conceived from your donated embryos.
There are also additional screening tests that you will both need to undergo in order to reduce the risks of passing on diseases or deformities to any resultant child. These include; Hepatitis B and C, HIV, Syphilis, Gonorrhoea and Chlamydia screening. You will also be checked for immunity to a virus called cytomegalovirus (CMV). This virus produces a mild flu like illness in adults, but if caught when pregnant can cause abnormalities in the developing baby. Genetic tests are also carried out to determine whether the donors have any abnormalities or structural problems within their chromosomes (Karyotyping), or are at risk of being a carrier for conditions such as Cystic Fibrosis. Patients from different population groups may need to be screened for other genetic conditions such as Tay-Sach’s diseases, Sickle Cell Anaemia and Thalassaeima.
It is important to remember that any tests carried out may reveal previously unsuspected conditions that may have implications for you and your family. If you do not wish to be informed of the results of these tests, then you should discuss this with the Consultant at your appointment.
Will I be given Counselling?
Before you can consent to donating your embryos to others, we require that you undergo a minimum of onee counselling session with our independent counsellor. Additional sessions are available if required and are free of charge.
During the counselling session, you will talk more about the implications of donating, how it will directly affect you but also any existing children, and your wider family and friends. Although legally and socially the people who receive your frozen embryos will be the parents of any children that are born, you must consider the fact that these children will inherit your genetic make-up and will be genetically related to you. If you have existing children, then depending on the circumstances surrounding their conception, any children born as a result of your donation will be their full genetic-siblings. You must consider how you feel about this now and how you may feel in the future. This session is also a good opportunity to discuss any concerns or doubts you may have about embryo donation, and to explore your feelings regarding the process.
Is there any financial compensation for Embryo Donation?
You may be able to receive donation compensation of up to £35 per subsequent clinic visit, to reasonably cover any financial losses incurred in connection with the donation, with the provision to claim an excess to cover higher expenses.
If you are in doubt about any part of the procedure, before, during or after your donation and the ethical aspects involved, please feel free to ask questions or call us at the unit on 0191 445 2768
You can change or withdraw your consent at any time up to the point at which the embryos are used in treatment.
Websites
You may find the following websites useful:
- Human Fertilisation and Embryology Authority
https://www.hfea.gov.uk/donation/donors/
- The Sperm, Egg and Embryo Donation Trust or SEED
https://seedtrust.org.uk