Transporting frozen embryos or eggs between Greece and another country
Sending frozen embryos, eggs or sperm between Greece and another country: the law, authorisations, the steps involved and technical pitfalls.
Read the articleYou can switch clinics at any time and obtain a copy of your medical records: within the European Union, the clinic must respond within one month, and the first copy is free of charge. Ask for specific documents, and make separate arrangements for your frozen embryos.
Changing IVF clinics is a right, not a betrayal. You do not have to justify your decision, either to the clinic you are leaving or to the one you are joining. But a change is only as good as what you take with you: a complete medical record enables the new doctor to understand what has happened, rather than starting from scratch without any reference points.
This raises three questions: should you really switch, which documents should you obtain, and what should you do with your frozen embryos?
Not necessarily. A failed attempt, even with a good-quality embryo, is not in itself proof that a clinic has performed poorly: the chances of success accumulate from one attempt to the next, as explained in the article on the number of attempts. Changing clinics without changing your strategy often amounts to repeating the same cycle elsewhere. I am not aware of any reliable data showing that changing clinics, on its own, improves outcomes.
There are, however, good reasons to leave:
Before making a decision, ask for a review consultation: this often reveals whether the problem lies with the clinic or with the treatment strategy (see after a failed IVF cycle).
Throughout the European Union, the General Data Protection Regulation (GDPR) gives you the right to obtain a copy of the personal data a clinic holds about you, including your health data. The clinic must respond within one month of receiving your request. This period may be extended by two months if the request is complex or if there is a high volume of requests, provided that you are informed of this within the first month, along with the reasons. If the clinic does not comply with your request, it must give you the reasons within the same timeframe and inform you that you may refer the matter to the data protection authority or a court.
The first copy is free of charge; only additional copies may be charged for, at a reasonable cost. You do not need to justify your request, and no specific form is required. In 2023, the Court of Justice of the European Union clarified, in relation to a medical file, that this first copy is free of charge regardless of the reason for the request. It must include at least the diagnoses, test results, doctors’ assessments and treatments, and a copy of the documents themselves if this is essential to verify the accuracy and completeness of this data.
National rules supplement the GDPR:
| Clinic’s country | National legislation | What it provides for |
|---|---|---|
| Greece | Code of Medical Ethics, Law 3418/2005, Article 14 | right to access the medical records and obtain copies; records must be retained for ten years after the last visit in private practices, and for twenty years in other cases |
| France | Public Health Code | disclosure within 8 days at the latest, 2 months if the information is more than 5 years old, and no earlier than after a 48-hour reflection period |
| Spain | Law 41/2002 on patient autonomy, Articles 17 and 18 | right to access the clinical record and obtain a copy; records must be retained for at least five years from discharge, for each episode of care |
| United Kingdom | UK GDPR | request for access to data; response generally within one month |
In Greece, the code of practice for assisted reproductive technology (ART) units adds two useful requirements: the stimulation protocol must be recorded in each patient’s file, and a copy of the signed consents must be made available to the individuals who signed them.
Don’t just ask for ‘my file’: ask for a list. For each cycle, here are the twelve items I recommend requesting:
Email the clinic from the address they have on file, including this list, the date of your request, your name, your date of birth and the dates of your cycles. There is no need to automatically attach proof of identity: the clinic may only request further information if there is reasonable doubt as to your identity (in France, the clinic verifies the applicant’s identity). Ask for the documents to be sent as a PDF and keep a record of your request. Also ask whether the reports are available in English; if not, have the relevant pages translated.
Embryos cannot be collected in the same way as a file. They remain in the clinic’s laboratory until a transfer is arranged between two authorised establishments by a specialist carrier.
In Greece, the code of practice stipulates that gametes and embryos may only be transported via authorised units and banks. Within the European Union, there is free movement between authorised establishments; to a country outside the EU, authorisation from the National Authority is required. For embryos, freezing and their future handling require the written consent of both partners: ensure both have signed the consent form for transport. The steps are described in transporting embryos between countries.
Two points to bear in mind. The original clinic will continue to charge for storage whilst the embryos remain there, and the consent form you signed regarding their future continues to apply: please notify the clinic of any change of address, and re-read the terms of your consent form. Depending on your situation, it may also be simpler to first have the remaining embryos transferred at the clinic where they are currently stored, before starting a new cycle elsewhere.
The new clinic will generally want the reports from each cycle and your recent test results, often before the first consultation. A one-page summary, with dates and key figures, will help; you can find guidance on this in preparing for the first consultation.
A second opinion can make a big difference: it may reassess your response to stimulation and suggest a different protocol, identify a missing test such as a hysteroscopy, or discuss genetic testing of embryos or egg donation. The possible assessment following several failed attempts is detailed in implantation failures and miscarriages. A second opinion cannot change your age, your ovarian reserve, or the quality of the embryos already obtained. Be wary of a clinic that promises you a better outcome simply because you are switching.
This is part of my job: working with you to prepare a list of documents to request, drafting the email to the clinic in Greek or English, keeping track of deadlines, and then producing a one-page summary for the new doctor. You can also do this yourself using this method. If you’d like us to review your situation together, please write to me.
Write to the clinic – an email is sufficient – including your name, date of birth and a precise list of the documents you require. Under the GDPR, proof of identity is only required in cases of reasonable doubt, unless national rules apply, as in France. Within the European Union, they must respond within one month, extendable by two months if the request is complex.
Not the first one. Under the GDPR, as confirmed by the Court of Justice of the European Union in 2023 in relation to medical records, the first copy is free of charge, regardless of the reason. Only additional copies may be charged at a reasonable cost.
Not necessarily. A failed attempt, even with a good-quality embryo, does not prove that the clinic has performed poorly. First, ask for a review consultation, and switch clinics if you are not satisfied with the explanations, communication or the options offered.
Not yourself. Embryos are transferred between licensed clinics by a specialist carrier, and for a couple, this requires the written consent of both partners. Storage costs continue to be charged by the original clinic until the transfer.
Source: https://fertilitegrece.com/en/blog/changing-ivf-clinic-medical-records/ — Triada Baloukoudis, IVF patient coordination in Greece. General information, not medical or legal advice. Printed on
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Sending frozen embryos, eggs or sperm between Greece and another country: the law, authorisations, the steps involved and technical pitfalls.
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