Woman embryo appeal verdict due

[Jojo]

A woman left infertile after cancer therapy is due to learn a court's final judgement on her plea to use frozen embryos fertilised by an ex-partner.

Natallie Evans, from Trowbridge, Wilts, and Howard Johnston began IVF treatment in 2001 but he withdrew consent for the embryos to be used after they split up.

She turned to the European courts after exhausting the UK legal process.

Ms Evans, 35, says her appeal to the Grand Chamber of the European Court is her last chance to have a baby.

'Great sympathy'

Ms Evans was diagnosed with ovarian cancer in 2001, but six of the couple's fertilised embryos were frozen and stored prior to her treatment.

But she and Mr Johnston, who lives in Gloucester, split up in 2002 and he wrote to the clinic asking for the embryos to be destroyed.

Ms Evans took the case to the High Court in 2003 asking to be allowed to use them without Mr Johnston's permission.

She has argued he had already consented to their creation, storage and use, and should not be allowed to change his mind.

Current UK laws require both the man and woman to give consent, and allows either party to withdraw that consent up to the point where the embryos are implanted.

Ms Evans lost both the case and the appeal and was told she could not take the case to the House of Lords.

She then appealed to the European Court of Human Rights, which again ruled against her a year ago.

The judges 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."

But, in a majority verdict, it was ruled that even in such exceptional circumstances as those of Ms Evans, the right to a family life - enshrined in article eight of the European Convention of Human Rights - could not override Mr Johnston's withdrawal of consent.

It also ruled unanimously that the embryos did not have an independent right to life.

'Wrong way'

Her final route of appeal is before the Grand Chamber of the European Court.

Ms Evans's solicitor, Muiris Lyons, said the ruling was her "last chance".

He told the BBC's Today programme: "What we're saying to the Strasbourg court is that the UK law can regulate how IVF is dealt with in a number of different ways.

"But to have this rule that there must be consent of both parties at all times without exceptions is the wrong way to do it.

"There should be a mechanism for dealing with exceptional cases."

Dr Mark Hamilton, chairman of the British Fertility Society, warned that the rights of men would be adversely affected if the court were to rule in Ms Evans's favour.

He added: "It would be downgrading the role that a man has.

"Unfortunately, relationships do run into trouble."

Speaking after the ruling from the European Court of Human Rights, Mr Johnston said he was not thinking about it in terms of a victory.

"The key thing for me was just to be able to decide when, and if, I would start a family," he added.

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What do you think??

[Trinity]

I think that this is so sad.

Many people split up after a child is conceived and the father is still responsible financially and emotionally for the child.

In this case the bloke has a second chance NOT to have a child with this woman - and he has grabbed it.

Exceptionally, he is denying her the chance of ever having a child of her own - and I think that the way forward for other people would be to only have eggs stored during cancer treatment of women and not embryos.

I would guess that legal ownership of the embryos needs to be established. If it is joint ownership then he does have the right to refuse.

Again - very sad.

[Pinkbanana]

Its a shame she just didnt freeze the eggs, rather than having them fertilised first.

I think its sad, and I think the chap in this does lack compassion for the plight of the woman at the centre of this case...she has said that she wont ask for any support from him (either financially or otherwise), but I guess it always has taken two people to make a child, and he has decided that he doesnt want one with this woman, and it would be rough on the child if/when he is older enough to understand that one of his parents didnt want him to exist.

Just shows that advancements in medical science can be a blessing and a curse.

[Siobhan]

I think there is more to this case than meets the eye. Agreed there is case where a man leaves a woman pregnant and he doesn't have anything to do with the child but in this case they got the eggs fertilized to be used at a later time but it is also a man's right not to have kids. If he doesn't want kids he has the right to say no too.

[alan45]

I think there is more to this case than meets the eye. Agreed there is case where a man leaves a woman pregnant and he doesn't have anything to do with the child but in this case they got the eggs fertilized to be used at a later time but it is also a man's right not to have kids. If he doesn't want kids he has the right to say no too.

Surely if he had a shred of decency he would think of the plight of this poor woman. She will never be able to have children now. If I was him I think I would give this woman the chance to at least try for a family. As was said earlier its just a pity she let him fertilize the eggs in the first place

[Jojo]

A woman left infertile after cancer therapy has lost her fight to use frozen embryos fertilised by an ex-partner.

Natallie Evans, from Trowbridge, Wilts, and Howard Johnston began IVF treatment in 2001 but he withdrew consent for the embryos to be used after they split up.

She turned to the European courts after exhausting the UK legal process.

Ms Evans, 35, has said her appeal to the Grand Chamber of the European Court was her last chance to have a baby.

Ms Evans was diagnosed with ovarian cancer in 2001, but six of the couple's fertilised embryos were frozen and stored prior to her treatment.

Embryos

But she and Mr Johnston, who lives in Gloucester, split up in 2002 and he wrote to the clinic asking for the embryos to be destroyed.

Ms Evans took the case to the High Court in 2003 asking to be allowed to use them without Mr Johnston's permission.

She has argued he had already consented to their creation, storage and use, and should not be allowed to change his mind.

Current UK laws require both the man and woman to give consent, and allows either party to withdraw that consent up to the point where the embryos are implanted.

Ms Evans lost both the case and the appeal and was told she could not take the case to the House of Lords.

She then appealed to the European Court of Human Rights, which again ruled against her a year ago.

Her appeal to the Grand Chamber of the European Court represented her last chance to save the embryos.

[Abi]

I really feel for this woman. But i can't help wonder what happened when they split up, that would make him take this action against her having any children at all. The media is making him sound like the bad guy, but for all we know, something might have happened to give him reason why he didn't want her to have his children. I'm not condoning her, as i said, i really feel for any woman who can't have children. I just get the impression that we dont know the full story about what happened, to give him justification for this...

[Abbie]

This is so sad, I agree with what PB said that they could of frozen some of her eggs as well. I cant imagie what it must be like for her and I think in a case like this it sounds more compliacted than people may think to decide what is right.

[snapper]

I am really pleased with the verdict. Yes its sad she cant have her own kids. Has she heard of fostering or adoption.

I cant have kids of my own but there are other avenues that can be gone down if/when the time is right for my husband and I.

He has never slagged her off during this time. He has said he wants to choose when and with whom he has children. Isn't it best for children to be brought into the world through a loving partnership than this media circus.

[Pinkbanana]

I am really pleased with the verdict.
.

I really cant believe you have written that you are REALLY pleased that this woman has lost her appeal.

I think its extremely sad that she was sooo close, yet so far away from having her own child. Whatever, you think about the case...I dont think anyone with a heart would claim to be pleased with the outcome...