14 February 2005

Woman in frozen embryo row takes case to Europe

A British woman, left infertile after cancer treatment, is to take her case to the European Court of Human Rights, in order to win the right to use frozen embryos created from her eggs.

Natalie Evans was diagnosed with ovarian cancer and decided to undergo IVF treatment with her fiancé, Howard Johnson in 2001. Six embryos were created during the treatment and placed in storage and Ms Evans then had surgery to remove her ovaries.

However, Ms Evans and Mr Howard then split up, but Natalie still wanted to use the embryos, because she said they were her last chance of having a baby. Mr Johnson refused to give his permission, which is required under UK law and the clinic said that they would have to destroy the embryos.

Ms Evans took her case to the Family Division of the High Court in order to obtain an order allowing use of the embryos. She argued that Mr Johnson had given us consent to the creation, storage and use of the embryos and therefore could not change his mind. However, Ms Evans case was unsuccessful in both the High Court and the Court of Appeal. Judges ruled that, under the Human Fertilisation and Embryology Act, both partners' consent was required to use the embryos and permission could be withdrawn at anytime.

Ms Evans also attempted, unsuccessfully, to petition the House of Lords to hear the case.

She has now lodged an application with the European Court of Human Rights in Strasbourg, asking them to consider whether the UK law, which now requires the embryos to be destroyed, is a breach of her human rights. She is also arguing that the embryos have a right to life of their own – an argument which has not yet been considered by the European Court of Human Rights.

Ms Evans' solicitor, Muiris Lyons of London-based firm, Alexander Harris, said that Ms Evans had been "left with no choice" other than to take her case to Europe, saying: "If the UK law says that Howard can change his mind at any time, then Natalie feels that the law is unfair and breaches her human rights. It gives a man an absolute veto, which outside of the world of IVF and fertility treatment he would not enjoy. It effectively discriminates against women who have to undergo IVF treatment because of infertility."

Ms Evans said: "I feel that I have to pursue every possible route to save my embryos. I hoped that I could have done so in the UK, but I now have no other choice but to take my case to Europe."

It is not known how long the case will take in the European court, but Ms Evans' lawyers have requested an expedited hearing, in view of the urgency of her situation. If she is granted permission to use the embryos, she must use them before October 2006, when the five-year maximum storage period allowed by legislation expires.

(KMcA/SP)