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''Evans v. the United Kingdom'' was a key case at the
European Court of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...
. The case outcome could have had a major impact on fertility law, not only within the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
but also the other
Council of Europe countries.
Professor John Harris of the
University of Manchester
, mottoeng = Knowledge, Wisdom, Humanity
, established = 2004 – University of Manchester Predecessor institutions: 1956 – UMIST (as university college; university 1994) 1904 – Victoria University of Manchester 1880 – Victoria Univ ...
told the
BBC #REDIRECT BBC #REDIRECT BBC
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...
in September 2002:
On 10 April 2007 Natallie Evans lost her final appeal at the Grand Chamber of the
European Court of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that ...
.
Facts
In June 2000, Natallie Evans (born October 1971) and Howard Johnston (born November 1976) who had met while working at
Virgin Mobile
Virgin Mobile is a wireless communications brand used by seven independent brand-licensees worldwide. Virgin Mobile branded wireless communications services are available in the United Kingdom, Ireland, Canada, Colombia, Chile, Kuwait, Saudi Ara ...
in
Wiltshire
Wiltshire (; abbreviated Wilts) is a historic and ceremonial county in South West England with an area of . It is landlocked and borders the counties of Dorset to the southwest, Somerset to the west, Hampshire to the southeast, Gloucestershire ...
became
engaged
An engagement or betrothal is the period of time between the declaration of acceptance of a marriage proposal and the marriage itself (which is typically but not always commenced with a wedding). During this period, a couple is said to be ''fi ...
. In October 2001, Evans was diagnosed with
ovarian cancer
Ovarian cancer is a cancerous tumor of an ovary. It may originate from the ovary itself or more commonly from communicating nearby structures such as fallopian tubes or the inner lining of the abdomen. The ovary is made up of three different c ...
, and was offered a cycle of
IVF
In vitro fertilisation (IVF) is a process of fertilisation where an egg is combined with sperm in vitro ("in glass"). The process involves monitoring and stimulating an individual's ovulatory process, removing an ovum or ova (egg or eggs) f ...
treatment before her cancer treatment because her fertility would be affected. On 12 November 2001 eleven of Evans' eggs were produced and fertilised using Johnston's sperm, resulting in six
embryos which were frozen and placed in storage. On 26 November 2001 Ms Evans underwent an operation to remove her
ovaries
The ovary is an organ in the female reproductive system that produces an ovum. When released, this travels down the fallopian tube into the uterus, where it may become fertilized by a sperm. There is an ovary () found on each side of the body. T ...
. She was told she would need to wait for two years before the implantation of the embryos in her
uterus
The uterus (from Latin ''uterus'', plural ''uteri'') or womb () is the organ in the reproductive system of most female mammals, including humans that accommodates the embryonic and fetal development of one or more embryos until birth. The ...
.
In May 2002, the couple split up. In the summer of 2002, Johnston, who lives in
Cheltenham, wrote to the
Bath, Somerset clinic storing the embryos and asked that they be destroyed.
On 30 July 2002 the clinic informed Evans of Johnston's request under current United Kingdom IVF law, regulated by the
Human Fertilisation and Embryology Authority
The Human Fertilisation and Embryology Authority (HFEA) is an executive non-departmental public body of the Department of Health and Social Care in the United Kingdom. It is a statutory body that regulates and inspects all clinics in the United ...
, which states that both parties must give their consent for IVF to continue – otherwise, the embryos must be destroyed.
Evans started her legal challenge immediately, which in agreement with her solicitor Muiris Lyons was a dual challenge on the existing UK law under the
Human Rights Act 1998, with Lorraine Hadley. Hadley from
Baswich
Baswich is an estate on the south eastern side of Stafford. It is part of the civil parish of Berkswich and is in Staffordshire, England. It is situated next to Weeping Cross, which is also part of the civil parish.
Baswich amenities are a local ...
,
Staffordshire, underwent IVF treatment but later got
divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...
d from her husband Wayne, and wanted to use two of her stored embryos to try to get
pregnant.
Judgment
High Court
Lawyers for the two women submitted to the
High Court of Justice
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC (Englan ...
in September 2002 that, as treatment was already under way, the men should not have the right to stop it. The women used the analogy that if they got pregnant naturally and the embryos were in their bodies, then their partners would have no say at all.
In September 2002,
Elizabeth Butler-Sloss, Baroness Butler-Sloss
Ann Elizabeth Oldfield Butler-Sloss, Baroness Butler-Sloss, GBE, PC (''née'' Havers; born 10 August 1933), is a retired English judge. She was the first female Lord Justice of Appeal and was the highest-ranking female judge in the United Kin ...
the president of the High Court's Family Division, said that a full hearing would be scheduled for the New Year, later confirmed as 30 June 2003.
On 1 October 2003 Mr Justice Wall said that in ruling against the women, although he had sympathy for the women's situation, he could not overrule the law as it stood. He said it was up to Parliament, rather than the High Court, to decide whether the law in this area needed to be changed. The High Court ruled the embryos of both women should be destroyed, but that would not happen until the conclusion of the appeals process. The women could appeal to the Court of Appeal or on to the European Courts. The main secondary outcome of the ruling was that the judge ruled that fertility clinics would now have to counsel couples having IVF to consider carefully what would happen to any embryos that were created if they split up.
James Grigg, solicitor for Howard Johnston, said: "Mr Johnston firmly believes that this outcome could be the only one, given the circumstances. With the conclusion of his relationship with Ms Evans, he would not now elect to start a family with her. If a child had been born, Mr Johnston would have legal, financial, emotional and moral responsibility for it. Mr Johnston hopes that Ms Evans wish to start a family can be satisfied in some other way, perhaps using donor eggs." After offering to donate the embryos to infertile couples, on 24 October 2003 Mrs Hadley told the
BBC #REDIRECT BBC #REDIRECT BBC
Here i going to introduce about the best teacher of my life b BALAJI sir. He is the precious gift that I got befor 2yrs . How has helped and thought all the concept and made my success in the 10th board exam. ...
...
''