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Last Updated: Friday, 3 October, 2003, 12:05 GMT 13:05 UK
Embryo row woman's donation plan
Lorraine Hadley (left) and Natallie Evans
Lorraine Hadley with Natallie Evans at the High Court
A woman who lost her High Court battle to use frozen embryos against the wishes of her former partner wants to donate them to infertile couples.

Lorraine Hadley said if she could not have the babies, she hoped somebody else could benefit.

But it is not known if her ex-husband Wayne will agree to donate the embryos.

Ms Hadley has a month to decide if she will challenge the High Court decision that she cannot use the embryos.

It's still a life that was created
Lorraine Hadley

The High Court judge ordered that, if she does not appeal, the two embryos currently being stored should be destroyed.

They were created using her eggs and her ex-husband's sperm.

Ms Hadley, 38, from Baswich, Staffordshire, has a 17-year-old daughter from a previous relationship, but says fertility problems mean the embryos represent her only opportunity of having another child naturally.

She told BBC Radio 4's Women's Hour she hoped her ex-husband Wayne would agree to donating the embryos.

"At the end of the day, it's still a life that was created.

"Even if I can't have them, Wayne might consider we donate them so that at least someone else might benefit."

Consent

Ms Hadley fought her High Court battle with Natallie Evans, who also wanted to use embryos created while she was with her ex-partner.

Ms Evans, 31, of Trowbridge, Wiltshire, had her ovaries removed after being diagnosed with cancer.

She had six embryos created and frozen while she was with her boyfriend Howard Johnston.

The women were challenging a law which says both parties must consent to the storage and use of embryos at every stage of the IVF process.

They said if they had fallen pregnant naturally, and then split up with their partners, the men would have had no say over whether or not they could have their babies.

But Judge Justice Wall said that, although he had sympathy for the women's situation, he could not over-rule the law as it stood.

He said it was up to Parliament, rather than the High Court, to decide if the law needed to be changed.

The women were refused the right to appeal at the High Court, but could take their case to the Court of Appeal or on to the European Courts.

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.

A spokeswoman for the Human Fertilisation and Embryology Authority said there was no lega reason to prevent the embryos being donated to infertile couples, but said the Hadley's may have to draw up a new consent form to allow for donation to take place,




SEE ALSO:
Head to head: Embryo court case
01 Oct 03  |  Health
Women lose embryo battle
01 Oct 03  |  Health
Q&A: Frozen embryos court case
30 Sep 03  |  Health


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