Women lose IVF fight
A judge ruled today that two infertile women do not have the right to use their frozen embryos without their former partners’ permission.
Natallie Evans, 31, from Trowbridge, Wiltshire, and Lorraine Hadley, 38, from Sandwell, West Midlands, took their battle to the High Court.
Both women underwent IVF treatment with their respective partners and have a number of embryos held in storage.
However, the couples have now separated and the partners have withdrawn consent for the use of the embryos.
The two women were challenging the current rules governing IVF treatment. Had the women won their case the rules would have had to be reviewed.
The Human Fertilisation and Embryology Act says that, unless both parties consent to storage and use, the embryos must be destroyed.
Fertility clinics will now have to counsel couples having IVF to consider what would happen to any embryos created if they split up.
The case was heard in June and July this year. Both women insist the embryos represent their only chance of having natural children of their own and claim that preventing them from using them infringes their human rights under European law.
They told the court that, had they fallen pregnant naturally, and then split up with their partners, the men would have no say over whether or not they could have their babies.
Ms Evans claims her former partner, Howard Johnston, led her to believe that he would never stop her using the embryos.
Ms Evans said that if she had known her partner was likely to change his mind, she would have chosen a different course of treatment.
Lorraine Hadley was married to husband Wayne until he left her for another woman in 2000.
Ms Hadley said that when they separated, Mr Hadley agreed the embryos should remain in storage, but had later changed his mind.
