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EU Court Denies Woman Her Frozen Embryos After Ex-Fiancé Refuses Permission

By Gudrun Schultz

STRASBOURG, France, March 7, 2006 (LifeSiteNews.com) – The European Court of Human Rights has ruled against a woman who wants to use her stored frozen embryos to have a baby.

Natallie Evens was left infertile after treatment for ovarian cancer, reported the BBC. She underwent IVF before the procedure to create children that were then placed in storage, with the collaboration of her partner at the time, Howard Johnston.

The couple has since split up, and Mr. Johnston has withdrawn consent for the embryos to be used.

Ms. Evans exhausted the UK courts before taking her case to Strasbourg. Her lawyers argued that the UK law, which will see her six stored embryos destroyed in October of this year, is a breach of her human rights.

Under UK law, both the man and the woman must give consent for IVF procedures, and that consent can be withdrawn up until the time of implantation. There is a five-year limit on the storage of embryos after one partner withdraws consent, after which they must be destroyed.

Ms. Evans lost her case before both the UK Court of Appeals and the High Court, and she failed in her attempt to take the case before the House of Lords.

The Strasbourg Court ruled, in a majority verdict, that Mr. Johnston’s right to withdraw consent overrode Ms. Evans’ right to a family life, found in article eight of the European Convention of Human Rights.

The court also decided unanimously that the embryos did not have an independent right to life.

Josephine Quintavalle of the pro-life group Comment on Reproductive Ethics, said of the court’s ruling: “It’s an inevitable judgement, but a very sad one.” She told the BBC Mr. Johnston had “become a father” when the embryos were created, and should have compassion for Ms. Evans.

Ms. Evans now intends to appeal the ruling to the Grand Jury of the European Court.

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