Menu
14/02/2005
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Human Fertilisation and Embryology Act, both partners' consent was required to use the embryos and permission could be withdrawn at anytime.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)
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)
Related UK National News Stories
Click here for the latest headlines.
03 September 2008
Fertility Clinics Urged To Use Single Embryos To Cut Multiple Pregnancies
Single embryos for women younger than 37 to cut the rate of multiple pregnancies should be used by fertility clinics experts have said.
Fertility Clinics Urged To Use Single Embryos To Cut Multiple Pregnancies
Single embryos for women younger than 37 to cut the rate of multiple pregnancies should be used by fertility clinics experts have said.
20 May 2005
British scientists clone first human embryo
A team of British scientists have announced that they have cloned the first human embryo in the UK. The team at Newcastle University used eggs from eleven women to create the cloned embryos. Three embryos were grown in the team’s laboratory and lived for three days, although one survived for five days.
British scientists clone first human embryo
A team of British scientists have announced that they have cloned the first human embryo in the UK. The team at Newcastle University used eggs from eleven women to create the cloned embryos. Three embryos were grown in the team’s laboratory and lived for three days, although one survived for five days.
21 January 2004
Donor children win right to learn parent's identity
Children conceived through sperm, egg and embryo donations will be able to learn the identity of their donor when they reach 18 years of age, the government announced today. Under the new regulations, only people who donate after April 1 2005 will be identifiable. People who donate before this date will not be subject to the new rules.
Donor children win right to learn parent's identity
Children conceived through sperm, egg and embryo donations will be able to learn the identity of their donor when they reach 18 years of age, the government announced today. Under the new regulations, only people who donate after April 1 2005 will be identifiable. People who donate before this date will not be subject to the new rules.
09 January 2015
PFA Head Apologises For Comparing Ched Evans Case To Hillsborough Disaster
The Head of the Professional Footballers' Association (PFA) has apologised to the families affected by the Hillsborough disaster for comparing their campaign to Ched Evans case. He told Sky Sports: "I never intended to cause any offence with what I said about Hillsborough. "If people feel that way about it then I can only apologise.
PFA Head Apologises For Comparing Ched Evans Case To Hillsborough Disaster
The Head of the Professional Footballers' Association (PFA) has apologised to the families affected by the Hillsborough disaster for comparing their campaign to Ched Evans case. He told Sky Sports: "I never intended to cause any offence with what I said about Hillsborough. "If people feel that way about it then I can only apologise.
19 February 2009
MS Sufferer Loses Assisted Suicide Appeal Case
A multiple sclerosis sufferer has lost her Appeal Court case to get the law on assisted suicide clarified. Debbie Purdy, 45, wanted to know if her husband Omar Puente would be prosecuted if he helped her travel abroad to help her die.
MS Sufferer Loses Assisted Suicide Appeal Case
A multiple sclerosis sufferer has lost her Appeal Court case to get the law on assisted suicide clarified. Debbie Purdy, 45, wanted to know if her husband Omar Puente would be prosecuted if he helped her travel abroad to help her die.
-
Northern Ireland WeatherToday:A mostly cloudy start with scattered showers, the showers becoming more isolated and largely confined to the south this morning. Becoming brighter this afternoon, the best of any sunnier spells across northern counties. Northerly winds easing. Maximum temperature 12 °C.Tonight:A dry evening with late sunny spells and some long clear spells overnight. Becoming cloudier across the north towards dawn with a few showers possible. Touch of frost in south. Minimum temperature 0 °C.
