The claimants and their former partners had undergone fertility treatment resulting in frozen embryos being kept pending possible implantation. The relationship had in each case failed, and the potential fathers had refused consent, but the claimants sought to be allowed to have the eggs implanted.
Held: Permission was refused. The father’s consent was required to be continuing, and that was absent. Treatment was to a couple ‘together’. The Act gave an unconditional right for either party to withdraw consent, and that right continued until implantation. The consents originally given were no longer valid. There was no breach of the claimants’ article 8 rights, since the act served a legitimate purpose. The male was not given a veto, but each had equal rights, and no estoppel could be established.
Judges:
Wall J
Citations:
Times 02-Oct-2003, [2003] EWHC 2161 (Fam), Gazette 16-Oct-2003, [2004] 2 WLR 713
Links:
Statutes:
Human Fertilisation and Embryology Act 1990 12, European Convention on Human Rights 8 12 14
Jurisdiction:
England and Wales
Cited by:
Appeal from – Evans v Amicus Healthcare Ltd and others CA 25-Jun-2004
The applicant challenged the decision of the court that the sperm donor who had fertilised her eggs to create embryos stored by the respondent IVF clinic, could withdraw his consent to their continued storage or use.
Held: The judge worked . .
Lists of cited by and citing cases may be incomplete.
Health, Human Rights
Updated: 03 February 2022; Ref: scu.186529