IVF - Frozen eggs belong to whom?

[CDiamond]

Hi all

Does anyone have any experience of having frozen embryos using partner's sperm, but has later split up with the partner (divorce, separation, etc)? In this case, do the frozen embryos belong to the woman and she can still have a FET using these eggs on a future date? Or do they require the partner's consent for future FETs? Sorry if this is a bit of a bleak question... where else to ask but here on mumsnet.

For context, DH and I have had a turbulent relationship for the last 3 years, but are both agreed on starting an NHS IVF round soon (funding in place) - because we're making an effort with our marriage with counselling, challenging ourselves, etc. I am 35 with low AMH and he is Oligoasthenoteratozoospermic so time is not on our side and we feel the urgency. I cant help but think though, what if this round doesnt work and I want to try a FET (with leftover embryos from this round), at a later stage, but we've gone separate ways by then?

Thanks

I think this is covered with your initial consenting, so it will depend what you do or don't agree to. I don't think they 'belong' to either of you as such, as you would have to follow the consent rules of the HFEA.

On a probably sensitive topic and one I'm sure you've thought about - is it really a good idea to bring a child into this relationship? If anything will break you up, a child will. And it doesn't sound like you would be particularly successful at harmonious co-parenting if you are already describing your relationship as turbulent? Why not freeze your eggs and sperm and give it a while to work on yourselves rather than create embryos?

I believe they'd require consent from both parties if they're embryos. If it's just your eggs then of course they're all yours. But embryos with his sperm would be considered shared and therefore require the both of you as he'd legally (and genetically) be the father.

They should clear everything up in your initial consenting appointment though!

You’ll have to sign consent forms prior to starting treatment to state whether you can use the embryos in this instance. I can’t remember the exact wording - but I know it asks one question if you consent to the embryos being used if one of you were to die (slightly morbid but they have to cover themselves!) and I’m sure the other is around using them if you were to separate.

You could always use a donor sperm if things don’t work out OP. IVF is such an emotional strain, it’s so important you have support around you and please put yourself and your mental health first 🤍 sending you love, and luck whatever you decide x

Hi, embryos belong to both parties and both would have to consent to their use in the future. The forms we had to fill in only stated agreement to use in event of death or incapacity. The forms were completed every time and were sent to both parties separately to confirm their consent for the use of the embryo. We also had to have a consultation meeting where both of us were present with our ID to confirm the use of the embryo. I hope this is helpful.