What happens to our frozen embryos when we divorce?
The number of couples who are deciding to freeze their embryos for personal and medical reasons is ever increasing. As a result, the Human Fertility and Embryology Act was put into force to police this modern innovation, but this new law has some deep flaws which are yet to be resolved.

In particular, what happens to these frozen embryos when the couple that made them decides to divorce?

How long can I store my embryos?
Embryos can be stored for up to 10 years, after which if they have been unused, they must be destroyed (an additional two years of storage was allowed due to the disruption caused by Coronavirus). This limit can also be extended for up to 55 years for individuals who can demonstrate a medical need for prolonged storage.

Does my partner need my consent to store / use the embryo?
Currently, a frozen embryo can only continue to be stored or used in treatment with the consent of both parties. Once the consent of both parties is given, either party is legally entitled to withdraw their individual consent at any time.

However, the withdrawal of consent triggers a 12-month ‘cooling-off’ period, during which the consent of both parties must be given in order for storage of the embryos to continue and consequently any possible use of the embryos in treatment. If both parties do not give their consent within this 12-month period, the embryos will be destroyed. Overall, the entire process of the storage and use of frozen embryos surrounds the consent on both parties involved.

Understandably, this matter is an emotional one for individuals who may see these embryos as their last chance to become a biological parent, despite the breakdown their relationship. Given the historical controversy of the ‘pro-life’ versus ‘pro-choice’ argument, it is shocking to note that, when it comes to frozen embryos, the right to life of the embryo and the right to a family life does not outweigh either of the parties’ right to withdraw their consent.

How can I protect my embryos if I divorce?
In light of these circumstances, some couples try to negotiate the continued storage of these embryos and even agree to sign away the possibility of making any financial claims on any children.

However, even these agreements are certainly not simple and more importantly, not legally binding. With this in mind, we would encourage anyone who is contemplating freezing their eggs to consider their legal position in order to avoid disappointment should their relationship break down during this 10-year period of storage.

Contact us:
The Family Team at Mayo Wynne Baxter is prepared to support the modern family through these issues with personal, but pragmatic legal advice. With the leadership of Resolution member, Grant Parker, we encourage our clients, where appropriate, to have amicable and calm conversations to reach an agreement that both parties are happy with.

If you are contemplating divorce, separation or the legal repercussions of fertility treatment, please call 01323 730543 to make an enquiry today or contact us here.

If you are a trustee, you will need to consider carefully if you are required to register the trust.

The changes – which came into effect from 6 October 2020 – mean that all express trusts, even if they are not taxable will need to be registered unless they are excluded. All taxable trusts should be registered.

Do I need to register?
The legislation refers to all UK express trusts and a number of non UK express trusts. It is therefore easier to list the most common examples of trusts that are excluded from registering on the TRS.

Trusts that are excluded from registration (albeit not exclusively) include:

Deceased estates and trusts – those created on death and are distributed within two years. If the trust assets have not been distributed two years from the date of death, the trust must register at that date.
Trusts for vulnerable beneficiaries – bereaved minors and disabled persons trusts.
Bank accounts for minors – where a bank account for a child under the age of 18 has been set up by their parent.
Property ownership trusts – where property is held jointly and the trustees and beneficiaries are the same persons.
Insurance policies and compensation payment trusts – this is where the policy only pays out on death, illness or disability. Single life insurance premium bonds held in trust are not excluded.
Charitable trusts
Pilot trusts – those created before 6 October 2020 and holding less than £100. Any trusts created since that date, no matter the value held are not excluded from registration.
Why has this been implemented?
The reasoning behind this is the “maintenance of accurate and up-to-date information on the beneficial owner” was a “key factor in tracing criminals who might otherwise hide their identity”.

It has long been believed that trusts are used for criminal activities so unfortunately the additional administrative burden on all trusts is now required.

How can we help?
The area has constantly changed and there are many nuances to the registration requirements, we are able to review your trust to check if it needs to be registered and if it does we can request the required information and do this on the trustee’s behalf.

Please contact Jessica Partridge on 0800 84 94 101 or contact us here.