Posthumous Conception Law

We recognize that  decisions about whether to safeguard and pass on one’s biological heritage in life and after death (posthumous conception) have important and enduring implications for individuals, spouses, partners and families.

An individual’s fertility and biological legacy is precious and fragile and it can be lost through terminal illness (e.g. cancer), medical negligence, a fatal accident or unexpected death at any point. This makes it important to take proactive legal and practical measures to protect your or a loved one’s fertility and family building plans and not leave matters to chance.

Posthumous conception law (governing the use of eggs, sperm and embryos in assisted conception treatment after death) is complex in the UK. Consent to the use of an individual’s eggs, sperm or embryos comprising their gametes after their death is governed by specific legal provisions under the Human Fertilisation and Embryology Act 1990 (as amended). It also requires great care in the completion of HFEA Consent Forms at UK fertility clinics to ensure that an individual’s eggs, sperm and embryos can lawfully be used in posthumous fertility treatment in accordance with their wishes and that the legal requirements have been complied with.

We provide expert and bespoke legal advice and solutions to enable individuals to maximise and protect their own and a loved-one’s fertility. This can help safeguard biological legacy and future family building plans in the event of death.

We also navigate complex and sensitive situations where a loved one has died without providing clear lawful written consent to the collection, storage or use of their eggs or sperm (or embryos comprising their gametes) in fertility treatment or surrogacy. This includes bespoke applications to the English Court for orders to extract eggs and sperm, store gametes and embryos and use them posthumously in fertility treatment. This includes situations where:

• An individual was in the early stages of fertility treatment but had not yet completed the requisite HFEA consent forms concerning posthumous conception before their unexpected death.
• An individual was diagnosed with cancer and underwent urgent fertility treatment to preserve their eggs or sperm before surgery or chemotherapy but did not subsequently update their written consent to enable their partner to use their stored gametes in posthumous fertility treatment before their death.
• An individual unexpectedly dies having previously undergone fertility treatment leaving behind their remaining stored eggs, sperm or embryos comprising their gametes but without lawful written consent to their use in posthumous conception.