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Last Updated: Monday, 29 November, 2004, 17:37 GMT
Law Lords reject woman's IVF plea
Image of Natallie Evans
Natallie may take her case to the European Courts
A woman left infertile after cancer who wants to use frozen embryos to try for a baby has failed in a bid to take her case to the House of Lords

Natallie Evans, 32, from Wiltshire, started IVF treatment with her then partner Howard Johnston two years ago.

However, the couple split up and Mr Johnston withdrew his consent for Ms Evans to use the embryos, which had been fertilised with his sperm.

Three Law Lords rejected Ms Evans' petition for permission to appeal.


Her case has already been considered and rejected by the High Court and the Court of Appeal.

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

Permission to appeal to the House of Lords was refused on the grounds that the petition "did not raise an arguable point of law of general public importance which ought to be considered by the House at this time, bearing in mind that the cause has already been the subject of judicial determination".

We will now consider Natallie's position with a view to deciding whether she wishes to consider taking her case to the European Court of Human Rights.
Ms Evans' solicitor, Muiris Lyons

Ms Evans' solicitor, Muiris Lyons, said: "Clearly, Natallie is very disappointed at the decision of the House of Lords not to hear her appeal.

"She was hopeful that the House of Lords would recognise the importance of the case, not just to her but to others, and hear the appeal.

"We will now consider Natallie's position with a view to deciding whether she wishes to consider taking her case to the European Court of Human Rights in Strasbourg."

When the Court of Appeal dismissed her case in June it was decided that destruction of the six frozen embryos would be postponed to give Ms Evans a chance to lodge her appeal at the House of Lords.

Ms Evans is hoping the suspension can now be extended until she decides whether or not to appeal in Europe.

She says it is her only chance of having a child of her own.

Ms Evans had both of her ovaries removed when she was diagnosed with cancer.

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