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Last Updated: Tuesday, 1 July, 2003, 18:14 GMT 19:14 UK
Sperm donor 'will not back down'
Lorraine Hadley (left) and Natallie Evans
Lorraine Hadley (left) and Natallie Evans at a previous hearing
A sperm donor fighting to stop his former partner using the frozen embryos they created has told the High Court he will not back down.

Howard Johnston is refusing to allow his ex-fiancée to become pregnant using the embryos - her last chance to have children.

Natallie Evans, 31, from Trowbridge, Wiltshire, had her eggs "harvested" before having her ovaries removed during cancer treatment.

The eggs were fertilised using Mr Johnston's sperm, but the couple have since split up and he will not give her permission to use them.

Consent required

Ms Evans is one of two women taking their fight to use their embryos against the will of their former partners to the High Court.

She and Lorraine Hadley, from Baswich, Staffordshire, are challenging a law which says both parties must consent to the storage and use of the embryos.

Howard Johnston
Howard Johnston is Natallie Evans' ex-partner
They say the frozen embryos represent their only chance of having a child, and denying them the chance to use them infringes their human rights.

On Tuesday, Mr Johnston, 26, told the court there was nothing Ms Evans could do to change his mind on the issue.

He said he had never given any assurance that the six embryos would always be available for her to use.

He told Mr Justice Wall that at the time of the IVF treatment they were very much in love, but were not planning to have children until some time in the future.

Human rights

The 1990 Human Fertilisation and Embryology Act says embryos cannot be implanted in a woman unless both partners involved in their creation consent to the procedure.

But the women's lawyers argue that the act breaches the women's human rights under European law.

The pair say once the embryos have been created and stored it is too late for consent to be withdrawn and that to destroy them is a breach of their human rights.

The case, which is expected to last up to six days, was adjourned until Wednesday.




WATCH AND LISTEN
The BBC's Gill Higgins
"Both parties have to consent to the use of embryos"



SEE ALSO:
Embryo battle goes to court
30 Jun 03  |  Health
Embryo fight couples in court
19 Sep 02  |  Health
IVF wrangle cases go to court
11 Sep 02  |  Health


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