Frozen embryos: the consent form you sign without reading it

Vitrification has transformed IVF: a good-grade blastocyst survives thawing in over 95 per cent of cases, with pregnancy rates comparable to those of fresh embryos. As a result, most cycles produce surplus embryos, raising a question that people tend to put off until later.

The time limit in Greece

Greek law sets an initial storage period of five years, which can be extended in successive periods upon written request from the couple or the woman, up to a maximum of ten years, or even longer in certain medical situations provided for by law. The request for an extension must be made before the expiry date: this is your responsibility, not that of the clinic, even though reputable clinics will give you advance notice.

By way of comparison, France applies a five-year period with an annual consultation with the couple, whilst the United Kingdom has moved to a maximum of fifty-five years with renewal every ten years. The legal frameworks differ significantly: if your embryos are in Greece, Greek law applies.

The cost

Annual storage generally costs between 300 and 600 euros at Greek clinics, with the first year sometimes included in the cycle package. Some clinics offer cheaper multi-year packages. The key point to check in writing is what happens in the event of non-payment. In most contracts, failure to pay or respond within a specified period entitles the clinic to implement the option chosen in your consent form — which may mean destruction. An out-of-date email address is the most common cause of this scenario. Notify the clinic whenever you change your address.

What the consent form must cover

There are four scenarios, and you must tick one option for each:

• End of the parental project: what should be done with any remaining embryos once your family is complete?
• Separation or divorce: under both Greek and French law, any subsequent use requires the consent of both parties. An embryo cannot be transferred against the will of either party, regardless of their genetic contribution.
• Death of one of the two: Greek law strictly regulates post-mortem use, which requires specific notarised consent and a time limit. French law, however, does not recognise parentage resulting from a post-mortem transfer, which makes this option very sensitive for a French couple.
• Expiry of the legal time limit without a decision on your part.

The options generally available are: destruction, donation to research, or donation to another couple. The latter is available in Greece and, for other patients, is a more accessible option than a double donation. The article on double donation compares the two.

My advice

Reread the consent form before each transfer, not just when you first sign it. It can be amended, and the answers you give at the age of 34 may not necessarily be the same as those you would give at 41.

Have it translated if you are not comfortable reading Greek or legal English. A reputable clinic will provide a version in a language you are fluent in; if not, that’s a red flag.

Discuss it as a couple before signing, particularly the possibility of separation. It’s an unpleasant ten-minute conversation that prevents situations of which European courts are full.

Make a note of the expiry date in your diary, with a reminder six months beforehand.

What if you return to France permanently?

Transferring embryos from one country to another is possible in principle, but requires the agreement of the receiving clinic, a specialised and accredited transporter, and administrative procedures in both countries. It is neither quick nor free. If you’re planning to move in the medium term, ask about this before building up a supply of embryos anywhere — it’s easier to plan for than to sort out later.

Frequently asked questions

Source: https://fertilitegrece.com/en/blog/embryo-storage-duration-future/ — Triada Baloukoudis, IVF patient coordination in Greece. General information, not medical or legal advice. Printed on