Page last updated at 10:14 GMT, Wednesday, 25 November 2009

Embryo couple's identity revealed

Frozen embryo storage
The embryos are being stored in a Belfast hospital

A High Court judge has lifted a ban on identifying a couple attempting to stop the destruction of stored embryos.

Mary and Patrick Oliver Bradley, from County Londonderry, say its their last chance at having children.

They took the action after narrowly falling outside new rules which relax the upper age limit at which a woman can have an embryo implanted.

From 1 October an age limit of 55 was removed, but Mrs Bradley had reached that age days earlier.

That means continued retention of their embryos is currently illegal

Earlier this month, the couple were granted an injunction guaranteeing nothing is done with the embryos until the legal challenge is decided.

They are also seeking permission to be allowed to transport the embryos to the Republic of Ireland should they fail to ensure their retention within the United Kingdom.

'Right to family life'

Their lawyers had initially sought to have the judicial review heard in private, partly because they did not want to be seen to be using publicity to advance their case.

Although that attempt was rejected, Mr Justice Treacy granted temporary anonymity to the couple.

He said he needed a proper basis for continuing with the privacy, but in the latest hearing he said the case should now be listed normally in future.

The case was adjourned until next month, when a date for the full judicial review hearing is expected to be set.

The case centres on whether or not the laws are compatible with their right to family life under the European Convention on Human Rights.

Changes to the Human Fertilisation and Embryology Act have shifted the rules away from an upper age for the woman in which the embryo is to be implanted.

Rather than prohibiting her from being 55 or over, it is now the embryo itself which cannot be any older than that.

The embryos are currently being held at the Royal Jubilee Maternity Hospital in Belfast.

The Human Fertilisation and Embryology Authority has convened a meeting to discuss the issue of allowing the embryos to be taken out of Northern Ireland.

Mr and Mrs Bradley have also put Health Secretary on notice to potentially give evidence in their legal action.



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SEE ALSO
Couple in embryo court battle
11 Nov 09 |  Northern Ireland
New embryo hopes as rule changes
09 Sep 09 |  England
Warning issued over egg freezing
17 Oct 07 |  Health
Longest frozen embryo baby born
06 Jul 05 |  Health

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