Fertility laws branded 'ambiguous'

Natallie Evans with former partner Howard Johnson

The academic behind the original laws governing human fertility and embryology believes the legislation should be clarified.

Baroness Mary Warnock was speaking in the light of a challenge by two women to stop their former partners ordering the destruction of their frozen embryos.

Natallie Evans and Lorraine Hadley are challenging a law which says both parties must consent to the storage and use of embryos created by IVF.

Possible conflict with the Human Rights Act, says Baroness Warnock

Earlier, the body which regulates fertility treatment in the UK criticised their action, saying it went against the main principles of the Human Fertilisation and Embryology Act.

But speaking on BBC Radio 4's PM programme on Saturday Lady Warnock said: "I think the law is ambiguous.

"We did not pursue enough a case like this where there is disagreement between the partners."

Re-draft

In this particular case there might be a conflict between the Human Fertilisation and Embryology Act and the Human Rights Act, she said.

She wants a Royal Commission to re-draft the legal framework for fertility treatment in the light of technological advances since the 1980s.

The women's lawyer says destroying the embryos will rob them of the chance to have children.

But Ann Ferudi, from the Human Fertilisation and Embryology Authority, said the current rules state both parties must give their consent before the treatment can go ahead.

People have to give their express consent to treatment

Ann Ferudi

She said: "If this challenge were to be successful it would undermine many of the principles around which the Human Fertilisation and Embryology Act was based.

"People have to give their express consent to treatment and the challenge could affect the way the act is interpreted."

Both Ms Evans and Ms Hadley say embryology law means both parties must consent to the embryos storage and use, and say their case could have broad implications for other couples on IVF treatment.

'Discrimination' claim

Their lawyer, Mirish Lyons, said the two women were being discriminated against because they were now infertile and are having to undergo IVF treatment.

Mr Lyons told BBC Radio 4's Today programme: "They use the analogy that if they got pregnant naturally and the embryos were in their bodies then their respective partners would not have any say at all.

I will take it right to the end to fight for my babies

Natallie Evans

"They will certainly be arguing that that is something that the law needs to take into account, why they should be effectively discriminated against because they have had to go through IVF treatment because they're infertile."

Ms Evans, 30, from Trowbridge, Wiltshire, placed six frozen embryos into storage when she was diagnosed as having ovarian cancer.

Together with her partner Howard Johnson, she hoped to have a baby from the embryos after her cancer treatment was finished.

Act 'undermined'

However, the relationship came to an end and Mr Johnson said he wanted the clinic in Bath which was storing the embryos to destroy them.

But she told the BBC she would fight to the end for "my babies".

She said: "I will take this as high as I can go, until a decision has been made - and then if I can go even higher I will.

"I will take it right to the end to fight for my babies."

Ms Hadley, from Stafford, has two embryos in storage and faces a similar situation.