What is embryo, sperm, egg and ovarian tissue storage?
In Victoria, there are limits on how long embryos, sperm, eggs and ovarian tissue storage are allowed to stay in storage and they can usually only remain in storage if each 'responsible person' consents.
What is a 'responsible person'?
For embryos, a 'responsible person' is usually the person or couple whose eggs and sperm were used the create the embryo. If donor eggs or donor sperm were used, then the 'responsible person' is the person or couple that the embryo was created for or allocated to.
For sperm, eggs or ovarian tissue, a 'responsible person' is usually the person who produced the items.
How long can embryos remain in storage?
Embryos can stay in storage for an initial period of five years and then they can stay in storage for up to another five years through what is called a "clinic extension". If you have any questions about clinic extensions, please contact the clinic where your embryos are stored.
If you want to keep your embryos in storage for longer than the clinic extension or if you did not get a clinic extension before the first period of storage expired, then you will need to apply to the Panel for an extension.
How long can sperm, eggs and ovarian tissue remain in storage?
Sperm, eggs and ovarian tissue can stay in storage for an initial period of ten years. If you want to keep your sperm, eggs and ovarian tissue in storage for more than that then you will need to apply to the Panel for an extension.
What is the Panel's role?
The Panel has to be satisfied that there are 'reasonable grounds' to approve an extension of storage so it will look at how long the items have been in storage, how many previous extensions of storage there have been and whether there is an intention to use the items in assisted reproductive treatment. If there is no intention to use the items or the items cannot legally be used then the Panel will not be able to approve an extension of storage.
What if the storage period has already expired?
If the Panel receives an application after the storage period has expired then it also has to be satisfied that there are 'exceptional circumstances' for why the application was not made before the storage expired. It is important that you provide details of why you were not able to make the application before expiry because the Panel will not be able to approve an extension of storage without this information.
Once you make an application to the Panel, the items in storage can remain in storage, even if the storage period has expired, until the Panel has made a decision.
What if I don't have the written approval of the 'responsible person' to an extension?
If the Panel receives an application without the written approval of a 'responsible person' then it can only approve an extension of storage if it satisfied that there are 'exceptional circumstances' for doing so. It is important that you provide details of why the 'responsible person' is not able to give written approval to an extension of storage or why their written approval is unable to be obtained because the Panel will not be able to approve an extension of storage without this information.
If the application is being made by the clinic because they are unable to contact a 'responsible person' to get their written approval to an extension of storage then please include with the application a history of contact attempts and planned future steps for contacting the 'responsible person'.
If the application is being made because a 'responsible person' is deceased then please include with the application a copy of the deceased's consent to posthumous use.
How do I apply?
Complete the application form below and email it to prp@health.vic.gov.au.
It is important that you send a copy of your application to your clinic as well so that they are aware that you have applied and know to keep your items in storage.
Where can I get more information?
More detailed information about extensions of storage of embryos, sperm, eggs and ovarian tissue in Victoria and how to apply to the Patient Review Panel can be found in the below guidance note:
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