Frozen embryos in a divorce

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Embryos on separation

With recent legal changes on how long embryos can be stored, it is likely that couples will have to deal with what happens to their embryos on divorce or separation.

What happens to embryos in the event of divorce or separation is a complicated issue both legally and emotionally. In many cases, those embryos will represent at least one of the couple’s last chance to have a child genetically related to them.  

The law does not regard embryos as “matrimonial” property and the family courts cannot make orders about their division or distribution on divorce. 

The law in the UK requires the consent of both would-be parents for the use of embryos in future treatment. However, consent can be withdrawn at any time. If one person withdraws their consent, a 12 month “cooling off” period is triggered. If there is no change in that person’s view, the embryos will be destroyed.  

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Even if there is an agreement that the embryos can be used following separation, there may still be legal implications in terms of parentage which should be considered before a final decision is made.  

Our lawyers

Our family lawyers and mediators are uniquely placed to advise on family law issues involving fertility and embryology law issues. We recognise that in cases where these issues arise, they are often at the forefront of our clients’ minds and they require careful and sympathetic handling.  

What you need to know

  • In 2022, the UK Government changed the law on frozen storage of embryos and gametes and increased the storage limit from 10 years to 55 years 
  • Frozen embryos cannot be divided or distributed by the court 
  • Agreements to the use of embryos in fertility treatment after separation are likely to have implications for legal parentage  
  • It is important to deal with these issues as early as possible following separation and in a constructive and non-confrontational manner  
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Your main contacts

  • Colin Rogerson

    Head of Fertility Law

    Colin Rogerson

    Head of Fertility Law

    • +(44)(03443 260203
    • Contact Colin

      Contact Colin Rogerson

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      Thank you

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    • London
  • Rose-Marie Drury

    Principal Associate

    Rose-Marie Drury

    Principal Associate

    • +(44)(03443 276257
    • Contact Rose-Marie

      Contact Rose-Marie Drury

      * = required

      Mills & Reeve will use the information you provide in this form in accordance with our privacy policy. We may from time to time send you general updates by email or post that we think you will find of interest. This includes notification of upcoming event and updates or alerts containing relevant legal news. You can update your preferences at any time and will be able to easily unsubscribe from anything that you do not wish to receive.

      Thank you

      Thank you for your enquiry. We will be in touch shortly.

    • Manchester

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