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Tuesday, 27 September 2005 11:07

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IVF case to be heard by human rights court

An infertile woman is appealing to the European Court of Human Rights to allow her to use frozen IVF embryos to conceive after her former partner withdrew his consent for her to use the embryos after they split.

Natalie Evans, from Wiltshire, started IVF treatment with her then partner Howard Johnston in 2001 after she was left infertile by cancer treatment.

However, when the couple split, Mr Johnston decided he did not want the eggs, which had been fertilised with his sperm, to be used by Ms Evans to become pregnant.

The hearing will be Ms Evans’ last chance to conceive with the embryos after the Court of Appeal and High Court both ruled that she could not use them.

Ms Evans, who underwent IVF treatment following a diagnosis of ovarian cancer, argues that Mr Johnston has already consented to the creation of the embryos and does not have the right to change his mind. The law currently requires both parties to give consent.

The court’s ruling is expected to have serious ramifications for law, medicine and science.

Muiris Lyons, of Alexander Harris solicitors, who will be representing Mrs Evans at the hearing, said it has been a "long and hard legal battle".

But he added: "Natallie hopes that in Strasbourg, she will finally succeed in winning the right to try to have a natural child of her own, using her own stored embryos."

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