It Takes Two To Tango And IVF A Child In Britain

MayorBob.

Posted to Legal on Sat Apr 14, 2007 at 10:16:51 AM EST (promoted by port1080). RSS.

One reviewer of Natallie Evans' travail pronounced her "a hard case."  The 35-year-old British woman had already received her share of bad news in the form of a diagnosis of ovarian cancer back in 2001.  Desperate to have a child, she and her partner Howard Johnston began in vitro fertilization (IVF) treatment by freezing six embryos created from her eggs and his sperm.  But, less than a year after they had the embryos frozen, Johnston wanted out of the arrangement and that put the brakes on Ms. Evans' attempts to give birth to a child.  Because, under British law both parties must consent to IVF procedures.  Now, the "hard case" of Natallie Evans just became harder as the highest appeals court in Europe came down on the side of the British law.

The law in the matter, the Human Fertilisation and Embryology Act does stipulate that IVF requires consent from both man and woman and allows either party to withdraw consent at any time prior to implantation.  Implantation had not occurred by 2002 when Johnston withdrew consent and asked that the embryos be destroyed.  Evans began an ultimately unsuccessful fight in the British courts in 2003.  Her contention was that Johnston had consented to the creation of the embryos initially, IVF was her only chance to have a baby, and she pleaded with the courts to allow her to go it alone.  Her attempts were met with denial at every turn.  She lost her case and appeals in the British courts and was denied during a trial in the European Court of Human Rights.  Thus her appeal to the Grand Chamber of the European Court was her last chance to have her day in court.  The Grand Chamber unanimously rejected her appeal on all counts and thus the embryos will be destroyed.

Ms. Evans says she is "distraught" at the decision while Mr. Johnston declared "common sense has prevailed."  Most of the public reaction on the BBC has favored the decision.  But some deplore it noting that, while Johnston still "has the luxury" to decide to have children, Evans doesn't have that luxury due to her medical condition.  Even fertility experts seem conflicted on the issue.  Dr. Tony Calland, chairman of the British Medical Association's medical ethics committee, believes it's a matter of what's in the best interests of the conceived child, "having a child is a life-long undertaking to which both partners should be fully committed."