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PETBioNewsNewsFrozen embryo case given date in Court of Appeal

BioNews

Frozen embryo case given date in Court of Appeal

Published 9 June 2009 posted in News and appears in BioNews 243

Author

Dr Kirsty Horsey

Bionews Contributing Editor
Image by Alan Handyside via the Wellcome Collection. Depicts equipment used for embryo biopsy.
CC0 1.0
Image by Alan Handyside via the Wellcome Collection. Depicts equipment used for embryo biopsy.

Natallie Evans, one of two British women who was legally prevented from using embryos kept in frozen storage by the withdrawal of consent by her ex-partner, will have her case heard by the Court of Appeal on 23 and 24 March this year. In the latest stage of her continued...

Natallie Evans, one of two British women who was legally prevented from using embryos kept in frozen storage by the withdrawal of consent by her ex-partner, will have her case heard by the Court of Appeal on 23 and 24 March this year. In the latest stage of her continued fight to use them, she will ask the Court of Appeal to reverse an earlier decision that the embryos must be destroyed - her last chance to have a baby.


Last September, the UK High Court ruled against Natallie Evans and Lorraine Hadley, who had sought to use the embryos against a requirement of the Human Fertilisation and Embryology Act 1990, stipulating that consent from both parties is needed for continued storage or use of frozen embryos. Lorraine Hadley decided not to appeal the High Court's decision, apparently due to the withdrawal of her legal aid. The two-day appeal will be judged by Lord Justice Thorpe and two other Court of Appeal judges whose names have not yet been confirmed.


In October, Natallie Evans asked the Court of Appeal to consider the merits of her application and to decide whether or not to give her permission to appeal. Lord Justice Thorpe, Lady Justice Arden and Sir Martin Nourse, sitting in the Court of Appeal, agreed earlier this month that her case raises important legal issues and so warrants a full appeal.


Ms Evans will appeal the High Court decision of Mr Justice Wall on five grounds: first, that her former fiance had consented to treatment together with her and intended for her to carry the embryos created with his sperm. Secondly, that the 1990 Act is wrong, if it allows consent to be withdrawn after the embryos have been created. Thirdly, that in any event, it is too late for consent to be withdrawn as, technically, the embryos have already been 'used' as part of Ms Evans' treatment. Fourthly, that she has a right to use the embryos as part of her human right to privacy and family life, guaranteed by Article 8 of the European Convention on Human Rights (ECHR). Lastly, the law, by granting a 'male veto' over the use of the embryos, discriminates against her in breach of Article 14 of the ECHR.


At the appeal, lawyers will also argue for permission to include two other arguments in Natallie's legal challenge. First, that the embryos themselves have a qualified right to life under Article 2 of the ECHR and, secondly, that her former fiancé should be 'estopped', or prevented, from changing his mind because to do so would be inequitable as Natallie had relied on his assurances to her detriment. The frozen embryos of both Natallie Evans and Lorraine Hadley will remain in storage pending the outcome of the appeal.

Related Articles

Image by Alan Handyside via the Wellcome Collection. Depicts a human egg soon after fertilisation, with the two parental pronuclei clearly visible.
CC0 1.0
Image by Alan Handyside via the Wellcome Collection. Depicts a human egg soon after fertilisation, with the two parental pronuclei clearly visible.
Comment
18 June 2009 • 4 minutes read

Three cases show parenthood rules need revising

by Dr Kirsty Horsey

While one might have sympathy for Natallie Evans and Lorraine Hadley because the UK's High Court has ruled they cannot use the embryos they have in frozen storage, it is hard to criticise the legal decision in this case. Mr Justice Wall followed the letter of the law on consent...

Image by Alan Handyside via the Wellcome Collection. Depicts a human egg soon after fertilisation, with the two parental pronuclei clearly visible.
CC0 1.0
Image by Alan Handyside via the Wellcome Collection. Depicts a human egg soon after fertilisation, with the two parental pronuclei clearly visible.
Comment
18 June 2009 • 1 minute read

No legal solution to personal conflict

by Juliet Tizzard

This week's BioNews reports on news that two women have lost a legal challenge to the use of their embryos without the consent of their former partners. Natallie Evans and Lorraine Hadley want to use the frozen embryos to try for their own babies even though their former partners - the...

Image by Alan Handyside via the Wellcome Collection. Depicts a human egg soon after fertilisation, with the two parental pronuclei clearly visible.
CC0 1.0
Image by Alan Handyside via the Wellcome Collection. Depicts a human egg soon after fertilisation, with the two parental pronuclei clearly visible.
News
9 June 2009 • 2 minutes read

Embryo appeal begins

by BioNews

Natallie Evans, one of two British women who was legally prevented from using embryos kept in frozen storage by the withdrawal of consent by her ex-partner, has started her appeal. In the latest stage of her continued fight to have her own biologically-related child, she is asking the UK's Court...

Image by Alan Handyside via the Wellcome Collection. Depicts a human egg soon after fertilisation, with the two parental pronuclei clearly visible.
CC0 1.0
Image by Alan Handyside via the Wellcome Collection. Depicts a human egg soon after fertilisation, with the two parental pronuclei clearly visible.
News
9 June 2009 • 1 minute read

Woman to appeal on frozen embryo decision

by BioNews

Natallie Evans, one of two British women currently prevented from using embryos kept in frozen storage by the withdrawal of consent by ex-partners, has announced that she will take her case to the Court of Appeal. The UK High Court ruled a month ago against Natallie Evans and Lorraine Hadley...

Image by Alan Handyside via the Wellcome Collection. Depicts a human egg soon after fertilisation, with the two parental pronuclei clearly visible.
CC0 1.0
Image by Alan Handyside via the Wellcome Collection. Depicts a human egg soon after fertilisation, with the two parental pronuclei clearly visible.
News
9 June 2009 • 2 minutes read

Court rules that embryos cannot be used without consent

by BioNews

The UK High Court has ruled today that Natallie Evans and Lorraine Hadley cannot use their stored frozen embryos without the consent of their former partners. The women appeared in the High Court in June this year, asking Mr Justice Wall to prevent the destruction of their stored embryos, created...

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