The Hindu : International : Embryo battle goes to Europe

Online edition of India's National Newspaper
Wednesday, Feb 16, 2005

International

International

Embryo battle goes to Europe

By Clare Dyer

LONDON, FEB. 15. A British woman hoping to stop the destruction of six embryos created with her eggs and her ex-partner's sperm has launched an unprecedented case at the European Court of Human Rights.

Lawyers for Natallie Evans lodged an application at the Strasbourg court challenging the U.K. law that requires the frozen embryos to be disposed of, after her former fiance, Howard Johnston, withdrew consent to her using them to try to become pregnant.

The move is the only remaining hope of motherhood for Ms Evans (33) from Wiltshire, who underwent surgery to remove her ovaries after she was diagnosed with ovarian cancer.

She lost her bid to save the embryos in the High Court and court of appeal, and the House of Lords refused her permission to appeal.

Ms. Evans's lawyers will argue in Strasbourg that the embryos themselves have a right to life under the European Convention on Human Rights. She also claims that banning her from using the embryos is a breach of her own right to private and family life, guaranteed by the convention; and discriminates against her in comparison to women who can conceive naturally, whose male partners cannot withdraw consent to the birth once the embryo is created.

She faces a high hurdle in persuading the court that an embryo has a right to life under European human rights law. —

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