A mother who faces losing 11 frozen embryos is leading a campaign on behalf of dozens of women to change rules that would prevent them having more children.

Some of the women could lose the chance of having any children of their own if laws which state that their IVF embryos must be destroyed on October 1 are not changed.

Other women froze their embryos ahead of cancer treatment that left them infertile. When they were clear of the disease they were devastated to learn they could no longer use the frozen embryos because a five-year storage limit had lapsed.

Michelle Hickman, a mother of two, is leading the battle against the deadline in order to be able to save her 11 embryos and try for two more children to give her and her husband, Martin Hymers, 37, an IT consultant, the large family they hope for.

Hickman, 36, from Stock-port, Cheshire, had to have a hysterectomy for medical reasons after the birth of her eldest son, Robert, in 2000. Although she could no longer carry children, the couple could produce embryos through IVF and, with the help of a surrogate mother, had their second son, Jaimes, two years ago. The couple still have 11 embryos in storage.

Under the law, a five-year storage limit was imposed on women who need the help of a surrogate. If the woman is to carry the baby herself an extension can be arranged. Hickman’s five-year period was extended because of her exceptional circumstances.

This period of grace will end on October 1 when the new laws come into force. On that date, any embryos whose five-year storage limit has already expired will be destroyed or transferred to a country that will agree to take them, such as America or India.

“This is a very frightening time,” said Hickman. “Our embryos have been on death row for three years. We would like a large family – probably about four children. We could not afford a surrogate in America.”

The new laws will allow women with frozen embryos for use in surrogacy to extend the storage up to 55 years, giving them equal rights to women who will carry their own babies – but if their embryos have already been stored for more than five years by the October 1 deadline, they will be destroyed, rather than having their storage time extended.

Hickman and her A Little Wish group campaigned for the extension in storage time, and she is now looking for the help of an MP to fight for further changes in parliament.

Hickman added: “Everybody else will benefit by being able to store their embryos for 55 years, however, in our case, because the storage is out of date at the moment, we will not benefit from the change in the law we have campaigned to introduce.”

One woman in the group found out she had cancer two years after she got married. The couple had time to create and freeze embryos before the cancer treatment destroyed the woman’s fertility.

They were advised by doctors not to have children for five years after the cancer was clear, due to fears of a recurrence. After the woman was free of cancer the couple decided to try for a family using their stored embryos and a surrogate but found that the limit on embryo storage had already lapsed.

If the group does not manage to change the rules by October 1 the embryos of the cancer survivor and others in her position will be destroyed.

Natalie Gamble, a partner at Gamble and Ghevaert solicitors, who is advising the women said: “For some of these women, it represents their last chance to have their own genetic child. For a question of mere timing, it seems very unfortunate that their precious embryos will need to be destroyed.”

A spokesman for the Department of Health said: “We deeply sympathise. That is why we have changed the law. Unfortunately, it is not in time to help in this case.”

Life on ice

- Niamh Davis was born in Surrey on December 7, 2005, 16 years after parents Jane and Alan had her embryo frozen
- There are almost 120,000 frozen embryos in storage in the UK, according to the Human Fertilisation and Embryology Authority
- Each year, 7,000 women are implanted with frozen embryos
- Each year, 1,600 babies are born from frozen embryos

Explore Health News

• Swine flu

Times Recommends

• Baroness Ashton: EU couldn’t make it up
• The other belles de nos jours
• Why too much of a good thing is bad for you