Life After Death. Can My Eggs or Sperm Be Used After I Die?
This is something that comes up more and more, especially for younger couples or anyone going through IVF—what happens to your sperm, eggs, or embryos if you die? Can your partner still use them to have a baby?
The short answer is: only if you’ve filled in the right paperwork before you die.
Not a will. Not a conversation. It has to be formal written consent under UK law.
Can I Just Put It in My Will?
I wish it were that simple—but no, you can’t rely on your will for this. Even if you clearly say, “I want my partner to use my eggs/sperm after I die,” it won’t count legally.
The law in the UK says consent must be:
- Written
- Signed
- Witnessed properly
- And ideally on the official HFEA form
Your will might help show what you wanted, but it won’t override the legal requirement for proper consent. That has to be given during your lifetime.
What Do I Need to Do Instead?
If this is something that matters to you, here’s what to do:
- Ask your fertility clinic for the right HFEA consent form.
- Make sure you tick the right boxes about storage and what should happen after your death.
- Sign it, date it, and make sure it’s witnessed properly.
You can also download the official HFEA form here:
👉 HFEA GS Form – Consent for storage and use of gametes (eggs/sperm)
The Diane Blood Case – Why This Still Matters
You might remember the name Diane Blood. In the 90s, her husband fell seriously ill and passed away very suddenly. Doctors managed to retrieve sperm from him while he was in a coma, but because he hadn’t signed any consent forms, she wasn’t allowed to use it in the UK.
Diane fought a long legal battle. Eventually, she was allowed to have treatment in Belgium, and she did go on to have a child—but the case caused a national stir.
And the rules today? Still the same – you must have proper written consent, or your partner can’t use your stored eggs, sperm, or embryos after you’ve gone. Even now, people are getting caught out by this.
Why I Talk About This in Wills Appointments
This comes up sometimes when I’m writing wills or helping with trusts. People want to make sure everything is sorted for their family, but fertility rights often get forgotten. If you’re already storing eggs or sperm, or you’re mid-way through treatment, it’s worth double checking your paperwork.
I can’t give medical advice, but I can help you:
- Understand the legal side
- Make sure your will reflects your wishes clearly
- Support you in getting your paperwork aligned with your clinic
📞 Need a Hand?
Whether you’re planning ahead or already in treatment, we can sit down and look at your options. It’s all about making sure your wishes are respected and your partner isn’t left in a painful legal limbo.
You can ring me at Conwy Wills and Trusts or drop me an email:
📞 01492 463218
📧 hello@conwywillsandtrusts.co.uk
