Part 6: Miscellaneous Human Fertilisation and Embryology Schedule 17: Storage of gametes and embryos Renewal of consent to storage of gametes
Paragraph 7(4) inserts new paragraphs 11A to 11D into Schedule 3 to the 1990 Act. The new paragraphs 11A and 11B specify the requirement for 10-year review periods and consent renewals as a condition to continue the storage of gametes up to the maximum of 55 years. These new requirements will need to be complied with as a condition of any storage licence granted under the 1990 Act by facilities storing gametes.
	Paragraph 11A applies the renewal requirements to people who are storing their gametes for the purposes of their treatment alone or with a partner, including for the purposes of surrogacy arrangements. The facility storing the gametes must attempt to contact the person storing their gametes 1 year in advance of expiry of any 10-year storage period and request that consent for ongoing storage is renewed. If the person whose gametes are in storage does not renew their consent, then their consent may be taken as withdrawn after certain requirements have been met. The facility must then attempt to contact the person storing their gametes on or around the date of expiry to tell them that their storage period has come to an end. If the gamete provider does not provide renewed consent, the facility must dispose of the gametes 6 months following the expiry of consent to store. This is effectively a "cooling off" period to allow for disposal.
	Paragraph 11A(9) provides for a 10-year grace period for storage, if a person storing their gametes dies. This provision will only apply if consent to posthumous storage and use is in place prior to the individual’s death, in which the person storing their gametes specifies that their partner can use their gametes in treatment posthumously. The surviving partner will need to provide a death certificate to validate the storage extension and enable use of the gametes in their treatment. This will be a one-off extension of 10-years calculated from the date of death of the gamete provider. If at the end of the 10-year grace period the deceased person’s gametes are still in storage, the storage facility must dispose of them.
	Paragraph 11A(10) to (12) provides for a 10-year grace period, if a person storing their gametes becomes incapacitated. This provision will only apply if consent is in place prior to the incapacitation in which the person storing their gametes specifies that their partner can use their gametes in treatment in the event the person loses capacity. For the 10-year period to apply, a registered medical practitioner must certify that the person does not have capacity and that they are unlikely to regain it. The 10-year grace period would apply from the date of the medical professional’s certification. If the person storing their gametes regains capacity within the 10-year grace period, then they will be able to renew their consent and continue storage as before. If at the end of the 10-year grace period the incapacitated person’s gametes are still in storage, and they have not regained capacity or not informed the storage facility that they had, then the storage facility must dispose of the gametes.
	The renewal of consent requirements set out in paragraph 11A do not apply to donated gametes stored for the treatment of others.
	Paragraph 11B sets out the definitions for terms used in paragraph 11A including of a "consent period", the "relevant day", the "renewal period", and what is meant by persons "lacking capacity" respectively. Paragraph 11B(8) allows provisions relating to capacity to be interpreted in line with the Scottish definition of incapacity, where persons are undergoing treatment in Scotland.