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The EU precedent: woman lost her case to use frozen embryos
Sarah McInerney



A 34-YEAR-OLD English woman who was left infertile after cancer treatment has now been battling with her former partner over the use of their frozen embryos for four years.

Last March, Natalie Evans from Wiltshire lost her case in the European Court of Human Rights, when it was ruled by a majority of five to two that she could not use the embryos to become pregnant because her ex-fiance, Howard Johnston, had withdrawn his consent.

Evans, who said she was devastated by the ruling, made a public appeal to Johnston to change his mind, saying that she would agree to any of his conditions. She said she would take full financial responsiblity for the child, and would not request Johnston to have any input in the child's upbringing. Johnston continues to withhold his consent.

Speaking to the Sunday Tribune this week, Evans' lawyer, Muiris Lyons, said that she had one last battle to fight.

"We have petitioned to the Grand Chamber of the European Court of Human Rights, " he said. "We are hoping to find out in the next few weeks if they will hear her case. The five-year storage period for the embryos is due to expire in October, but we have reached an agreement with the government that the embryos will not be removed from storage until the Grand Chamber has come to a decision.

"If this case fails, there is nowhere else to go. There is a lot of public support for Natalie, but at the same time, opinions seem to be split right down the middle."

Natalie Evans (third from right) after an initial London high court decision in October 2003 that she could not complete the IVF treatment she started with her former partner




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