Under the Human Fertilisation and Embryology Act 1990, embryos created for IVF treatment can be stored and used only with the consent of both ‘gamete providers’ (biological parents). Natallie Evans, whose frozen embryos represented her last chance to bear a child genetically her own, fought in both the domestic courts and in Strasbourg for the right to continue with treatment despite the fact that her former partner had withdrawn his consent. This article analyses the legal issues in the case, both those relating to statutory construction and those based on human rights, and highlights some significant differences in approach despite the apparent unanimity of the courts in concluding that Ms Evans' claim must be dismissed.
Document Type: Research Article
Publication date: January 1, 2008
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Until 2007 the King's Law Journal was known as the King's College Law Journal. It was established in 1990 as a legal periodical publishing scholarly and authoritative Articles, Notes and Reports on legal issues of current importance to both academic research and legal practice. It has a national and international readership, and publishes refereed contributions from authors across the United Kingdom, from continental Europe and further afield (particularly Commonwealth countries and USA). The journal includes a Reviews section containing critical notices of recently published books.