Woman Loses Frozen Embryo Fight

4 12 2006

In my last article, where I wrote about the despicable act of women tricking men into fatherhood, it was clear that in the US the rights of the father when they have been duped into parenthood seem to be painfully non-existent. This article on BBC Online where the woman goes as far as the European High Court to try to make her ex-partner change his mind gives some hope that not everyone has taken leave of their senses. At least in Europe, when talking about frozen embryos, the rights of the father and his consent still count.

Natalie Evans started IVF treatment with her then partner Howard Johnston in 2001 but he withdrew consent for the embryos to be used after they split up. He did not give permission for the embryos to be used, but it didn’t stop Natalie from saying she is prepared to “do whatever it takes to have a child of her own.” She had argued that Mr Johnston had already consented to their creation, storage and use, and should not be allowed to change his mind. And that, even though he has said no, he still has time to change his mind.
I wonder, if it were her in his position, whether she would be comfortable with a court telling her she had no right to change her mind about being a parent. That seemed not to matter to her however, as this was her only chance to have a child of her own.

Both UK law and the European Courts decided that her right to have a child (and to use the frozen embryos) could not override her ex-partner’s withdrawal of consent.

Thank goodness common sense has prevailed. As Mr Johnston said, he should be able to decide if, and when to start a family. I could not agree more.

I had been following this story through its stages as it progressed through the courts and although she lost her appeal back in March I thought its message is still very relevant and will be for some time to come.

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