Women make legal bid to save embryos

TWO women yesterday launched a High Court challenge to stop their ex-partners destroying their IVF embryos, lawyers said.

IVF patient Natallie Evans, 30, has been joined by Lorraine Hadley, 37, in taking the legal action. They say the embryos are their last chance to have children and must not be destroyed, said their solicitor, Muiris Lyons.

Miss Evans, who is recovering from treatment for cancer, had the eggs taken before her ovaries were removed in a life-saving operation.

But her dreams of having them implanted when well and becoming pregnant were shattered when she split from fiance Howard Johnston, 25.

Mr Johnston, a computer engineer from Gloucester, had willingly fertilised the eggs before the break-up.

But he has now withdrawn his consent for their storage or use, through his lawyers, and refused to enter negotiations.

Mr Lyons was contacted by Mrs Hadley contacted Mr Lyons after she saw media coverage of Miss Evans's case. Mrs Hadley, of Stafford, underwent IVF treatment at a fertility clinic in Aldridge, near Birmingham, but has since got divorced.

She is desperate for children, but her ex-husband Wayne Hadley has also asked the clinic to destroy the two embryos.

Proceedings are likely to be launched in the High Court next week.

Mr Lyons said: "Clearly, there are many similarities between Lorraine's and Natalie's cases.

"They raise very similar and critical issues and it would therefore be sensible for the court to deal with both cases at the same time."

The women's lawyers will argue that the Human Fertilisation and Embryology Act is incompatible with the Human Rights Act.

Destruction of the embryos, it is argued, would be a breach of their human rights to found a family and for protection of family life.

"Quite simply, we now will turn to the High Court to give guidance on what should now happen," he said.

Mr Lyons, of Bath-based lawyers Withy King, said Miss Evans was devastated by her ex-fiance's decision that he wants the six frozen embryos, stored at a private clinic in Bath, destroyed.

"She can't understand why he won't even talk to her about it. She just wants to speak to him," Mr Lyons said.

"We suggested that everyone sit down to see if there was a way things could be resolved but he has refused."

Mr Johnston's lawyers are expected to argue that the law, under the Human Fertilisation and Embryology Act 1990, is clear in their favour. It states that both parties must consent to the storage and use of the frozen embryos for treatment.

Consent can be withdrawn at any time and now that Mr Johnston has withdrawn his consent, the embryos should be destroyed, they will argue.

But Mr Lyons said they would contend that Mr Johnston freely gave his consent to his sperm being used to fertilise Natallie's eggs and it is too late for him to change his mind.

"We shall argue in court that the deed has been done. Mr Johnston consented to these embryos being created.

"They are Natallie's last chance of having a natural child. We shall ask the court that she should be allowed that chance."

Mr Johnston has said he thought it would be impossible to provide a stable environment in which to raise the child since the breakdown of their relationship.

Solicitor James Grigg, for Mr Johnston, said his client no longer wished to have children with Miss Evans since the breakdown in their relationship.

He believed it would no longer be possible to provide a "stable and supportive environment" for any child.

"This was, understandably, the most difficult and upsetting decision Mr Johnston has had to make in his life.

"Mr Johnston has a great deal of sympathy for Miss Evans in these difficult circumstances," Mr Grigg said.

"He very much hopes that she will eventually be able to understand his decision.

"Mr Johnston also hopes that Miss Evans' wish for children can be satisfied in some other way, perhaps within a new relationship and by the use of a donor egg."

Mr Hadley was not available for comment.