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Woman loses final embryo appeal Woman loses final embryo appeal
(20 minutes later)
A woman left infertile after cancer therapy has lost her fight to use frozen embryos fertilised by an ex-partner.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.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.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, 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.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.
EmbryosEmbryos
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.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.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.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.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.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.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.Her appeal to the Grand Chamber of the European Court represented her last chance to save the embryos.
Allan Pacey, secretary of the British Fertility Society, said: "I think it was the only sensible decision which the Grand Chamber could come to.
"UK law is clear. It is a principal of shared responsibility."
But he added: "We feel dreadfully for Natallie."