Embryo case woman launches appeal

Natallie Evans wants to try for a baby

A woman refused the chance to use frozen IVF embryos against her partner's wishes is to launch a legal appeal.

The High Court ruled that Natallie Evans, 30, from Wiltshire, could not try for a baby with the embryos without the consent of her former partner.

She had told the court that this was her last chance of having her own child following treatment for ovarian cancer.

A second woman, Lorraine Hadley, who was also refused permission, abandoned her legal action last week.

On Wednesday, Ms Evans is to lodge a request for permission to take the case to the Court of Appeal.

The current fertility Act - which governs IVF treatment - says that consent from both man and woman is vital at every stage of the process.

While Ms Evans' former partner Howard Johnston was in favour of IVF when his sperm and her eggs were combined two years ago, the couple then parted and Mr Johnston withdrew his consent.

She is very determined and wants to do everything in her power to prevent her embryos being destroyed and to preserve her last chance of having a natural child of her own Solicitor for Natallie Evans

He says he does not want the financial or emotional burden of a child with Ms Evans.

However, this withdrawal means that under current rules, the six embryos involved should now be "allowed to perish".

Ms Evans wants them preserved, as the chemotherapy she received for ovarian cancer has left her infertile, and these are her only hope for a child that carries her genes.

She, and Ms Hadley, had argued in court that if they had fallen pregnant naturally, the men involved would have no say in the future of the child - and the creation of IVF embryos produced a similar situation.

Howard Johnston withdrew his permission for IVF

However, last month, the High Court ruled that - in both her case, and that of Ms Hadley, consent was paramount, and that the embryos should be destroyed.

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 in this area needed to be changed.

Fresh hopes

A statement from Ms Evans' solicitor said: "She is placing her hopes on the Court of Appeal granting her permission.

"She is very determined and wants to do everything in her power to prevent her embryos being destroyed and to preserve her last chance of having a natural child of her own.

"An appeal to the Court of Appeal is her next step.

"She believes that while her embryos remain alive and in storage, then there is still hope and she must do everything she can."

The results of the application for permission to appeal will be made public in approximately two weeks' time.

Lorraine Hadley decided not to pursue an appeal following the High Court ruling.

Ms Hadley, 37, from Sandwell in the West Midlands, had two embryos in storage created during her marriage with her ex-husband Wayne.

She has a 17-year-old daughter from a previous relationship, but suffers from fertility problems because of a medical condition, so could not become pregnant naturally.