Moving embryos from the UK to the US

Lots of people turn to surrogacy in the US when they have come to the end of their own fertility journey in the UK. As a result, you may have embryos that you need to move to the US to continue your journey.

If you have embryos that were created in the UK and want to understand the options for moving them to the US, we can help. Explore our advice below where we answer the most important questions about moving embryos from the UK to the US.

Our embryos were created with our own eggs and sperm – can we move them?

The first question to unravel is whether your UK clinic has experience of exporting embryos to make sure they meet the guidelines set by the HFEA, and are aware of the UK laws regarding embryo export. If your clinic doesn’t have the necessary experience, you may first need to consider moving them to another UK clinic that does.

You will also need to identify a clinic in the US that has experience of receiving embryos created in the UK. Working with clinics on both sides of the pond that already have established processes in place will make the whole process smoother for you. 

What information will a US clinic need about my embryos?

Your US clinic will need lots of information about your embryos, and you may need to sign a release of information form that gives your UK clinic’s embryology team permission to share information with your US clinic. Common information that is requested includes, but is not limited to:

• The tests and screening that you had before the embryos were created
• Information about genetic testing that your embryos may have had
• The cryopreservation process that was used to freeze your embryos
• Information about how your embryos are stored

Based on the information received, your US clinic will make an assessment about whether they are able to accept your embryos. 

What guidelines do US clinics adhere to?

US clinics must comply with the regulatory requirements of the US Food and Drug Administration and, ideally, embryos used for surrogacy should be created in accordance with FDA guidelines. However, since most UK clinics are not formally registered with the FDA and wouldn’t usually follow FDA guidelines, it is unlikely that the required tests would have been carried out when your embryos were created. 

Your US clinic will therefore need to ask the FDA for approval for you to complete retrospective FDA tests in order to be able to accept your embryos, or for a waiver. The FDA routinely allows retrospective testing for embryos that were originally created for own IVF use but then later intended for use in surrogacy, so there are rarely any issues with approval being granted. However, your US clinic will be able to advise on the specifics of your circumstances as this isn’t always guaranteed. 

Completing the retrospective tests is usually straightforward, non-invasive and can be done in the UK with guidance from your US clinic on exactly what is required, but usually includes a health questionnaire, a physical exam carried out by a UK doctor, saliva samples and blood tests.

Once your results have been relayed to your US clinic, the process of shipping your embryos can begin.

Can I export embryos that were created with donor sperm or eggs in the UK?

This scenario is a little tricker to navigate, depending on who donated the eggs or sperm. If you know who your donor is and they are willing to do the retrospective FDA tests, this may be possible, however if the donation was anonymous and you are unable to track down the donor, then retrospective FDA testing cannot be carried out, meaning that your clinic may be unable to accept your embryos. Your UK clinic also has rules to follow, including ensuring the donor’s consent.

It is best to take early advice from your US and UK clinics about the feasibility of exporting embryos that have been created with donor sperm or eggs. 

Is it safe to transport embryos?

Your embryos should be exported by a courier that specialises in the transportation of human tissue. In most cases, the embryos will be collected from your clinic in special dry shipping containers and will be carried by hand for the whole journey. The courier will also carry clinical paperwork, and most will have customs clearance and x-ray exemptions.

The safety of your precious cargo is paramount, therefore most couriers will arrange all travel logistics and use major airlines that have experience of facilitating the transportation of embryos. They will make sure that the container is secure and vertical at all times and follow rigorous security protocols every step of the way. 

How much does it cost?

Costs will vary depending on lots of variables such as the clinics you are using and the courier company that you choose, but on average the cost is $4,000 – $7000, which includes courier costs, receiving clinic costs and FDA testing costs.

If you are happy for your embryos to be transported alongside other patients’ embryos, savings can be made. Additional security measures are put in place when multiple batches of embryos are transported to guard against mix ups, and this is common practice. 

There will be additional fees for storage of your embryos and any subsequent fertility treatment. 

How long does the whole process take?

Much depends on the responsiveness of the clinics involved and courier availability, but on average it can take between 6 weeks and 4 months from initiating the process with your UK clinic to the embryos reaching your US clinic. Delays most commonly occur with how long it takes each clinic to respond to requests for information and to review reports and information from the other.

Top Tips for exporting embryos from the UK to the US

• Start the process as early as possible.
• Choose your clinics wisely. Only work with clinics that have experience.
• Make sure the embryology labs from each clinic are in direct communication with each other.
• Be prepared to fill out lots of forms.
• Feel comfortable following up and chasing for responses when necessary.
• Only work with specialist courier companies who have a proven track record.

Brilliant Beginnings have over 10 years of experience supporting clients who have moved embryos from the UK to the US successfully. In 2020, working with our sibling organisation NGA Law, we successfully challenged HFEA guidance which previously obstructed the export of embryos for surrogacy overseas but which was legally wrong, and this made a significant difference to easing the export path for all intended parents. Through our US Surrogacy Pathway, we can advise on the best organisations to support this part of your journey safely and help you to navigate the various steps to help you along the way.