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07/03/2006
British woman loses legal battle over embryos
A British woman has lost her legal battle to use her frozen embryos to have a baby at the European Court of Human Rights.
Natalie Evans, 35, from Wiltshire, had started IVF treatment with her then partner, Howard Johnson, in 2001, after treatment for ovarian cancer left her infertile.
However, when the couple split up in 2002, Mr Johnson withdrew his consent for Ms Evans to use the six embryos, which had been fertilised with his sperm, in order to have a baby.
Ms Evans took her case to the Strasbourg after hearings in both the British High Court and Court of Appeal failed.
She had argued that the frozen embryos provided her only chance to have a natural child of her own and the refusal of permission to use the embryos was a breach of her human rights.
Ms Evans had also argued that Mr Johnson had already consented to the creation, storage and use of the embryos and should not be able to change his mind.
However, the panel of seven judges at the European Court of Human Rights said: "The Court, like the national courts, had great sympathy for the plight of the applicant who, if implantation did not take place, would be deprived of the ability to give birth to her own child."
However, the judgement said that the right to family life - enshrined in the European Convention of Human Rights - could not override Mr Johnson's withdrawal of consent.
The judges also said that the embryos did not have an independent right to life.
Current British law requires the consent of both parents for the embryos to be used.
Commenting on the decision, Dr Michael Wilks, Chairman of the BMA's Medical Ethics Committee said: "This has clearly been a very difficult case for everyone involved, and we have much sympathy for Natallie Evans. However, we believe it is crucial that both partners have given their permission to become parents before frozen embryos are used.
“The principle of consent is hugely important and we welcome the fact that it has been upheld.”
Ms Evans now has one final legal chance to make an appeal to the Grand Chamber in Europe.
(KMcA/GB)
Natalie Evans, 35, from Wiltshire, had started IVF treatment with her then partner, Howard Johnson, in 2001, after treatment for ovarian cancer left her infertile.
However, when the couple split up in 2002, Mr Johnson withdrew his consent for Ms Evans to use the six embryos, which had been fertilised with his sperm, in order to have a baby.
Ms Evans took her case to the Strasbourg after hearings in both the British High Court and Court of Appeal failed.
She had argued that the frozen embryos provided her only chance to have a natural child of her own and the refusal of permission to use the embryos was a breach of her human rights.
Ms Evans had also argued that Mr Johnson had already consented to the creation, storage and use of the embryos and should not be able to change his mind.
However, the panel of seven judges at the European Court of Human Rights said: "The Court, like the national courts, had great sympathy for the plight of the applicant who, if implantation did not take place, would be deprived of the ability to give birth to her own child."
However, the judgement said that the right to family life - enshrined in the European Convention of Human Rights - could not override Mr Johnson's withdrawal of consent.
The judges also said that the embryos did not have an independent right to life.
Current British law requires the consent of both parents for the embryos to be used.
Commenting on the decision, Dr Michael Wilks, Chairman of the BMA's Medical Ethics Committee said: "This has clearly been a very difficult case for everyone involved, and we have much sympathy for Natallie Evans. However, we believe it is crucial that both partners have given their permission to become parents before frozen embryos are used.
“The principle of consent is hugely important and we welcome the fact that it has been upheld.”
Ms Evans now has one final legal chance to make an appeal to the Grand Chamber in Europe.
(KMcA/GB)
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