AA and others v Human Fertilisation and Embryology Authority and others
[2026] EWHC 317 (Fam)
16 Feb 2026
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In a set of fifteen applications heard together, the High Court (Family Division) decided that it was lawful for embryos and gametes to continue to be stored where relevant written consents to storage had expired and had not been renewed within the statutory timeframes introduced under the Human Fertilisation and Embryology Act 1990.
The case was the first of its kind, in which numerous applications for declaratory relief from the Family Court were heard together in relation to the renewal of consent to storage. The HFEA, the sectoral regulator, and the SSHSC were Interested Parties to the Applications, making submissions on the law and the appropriate relief.
Mrs Justice Morgan held that, in appropriate cases, it is possible (by applying section 3 of the Human Rights Act 1998) to “read in” an opportunity for patients to renew consent to storage outside the strict statutory timetable, where that is necessary to avoid a breach of Article 8 ECHR.
Applying that test, the Court granted declaratory relief in fourteen of the fifteen applications. In those cases, the evidence showed administrative and process failures, principally on the part of clinics, that meant patients were not given a fair and reasonable opportunity to renew consent within the legislative scheme, with the consequence that refusal of relief would result in significant interference with their Article 8 rights.
The full judgment can be found here.
Ravi Mehta and Femi Adekoya acted on behalf of the Human Fertilisation and Embryology Authority.
The judgment is available here.
