Recent amendments to fertility law introduced a requirement for patients to reconsent to the continued storage of their embryos and gametes. Where reconsent was not completed within the prescribed timeframe, the material – though still lawfully stored by clinics – could no longer be used and was due for destruction before 1 January 2025. This caught numerous patients off-guard, and LDMH has been acting for an increasing number of patients who – together with their respective clinics – are trying to obtain the court’s permission to reconsent out of time. The proceedings raise important questions regarding the operation of the new consent requirements and their impact on patients and licensed fertility clinics.
On 31 December 2024, James Lawford Davies and Nils Hoppe obtained an urgent out-of-hours order from a High Court judge permitting the continued storage of the affected material. Between 27 and 29 October 2025, the first cohort of fifteen patients and couples had their cases heard by Mrs Justice Morgan in the High Court.
Please note that there is a Transparency Order in place, restricting the reporting in relation to this case. If you would like to have a copy of the order, or have the order’s effects explained, please get in touch with us.
