I think this situation is terribly sad, but is the Court decision or ex fiancee right of wrong?
A British woman who was left infertile following cancer treatment cannot use her frozen embryos to have a baby against the wishes of her former fiancé, the European Court of Human Rights has ruled
Natallie Evans and her former partner Howard Johnston had created six embryos using their eggs and sperm during fertility treatment, but Mr Johnston withdrew his consent for them to be used after the couple broke up.
Ms Evans, 35, says the embryos represent her only chance of having a child of her own and that refusal was a breach of her human rights. But the European Court upheld a High Court judgment that the continuing consent of both man and woman was needed throughout fertility procedures
In a landmark ruling that has implications for many other couples, the seven judges from EU countries, including one from Britain, said that while they had “great sympathy” for Ms Evans, she could not use the embryos.
She now has one final avenue of appeal to the Grand Chamber of the court before her embryos are destroyed.
Ms Evans made an emotional appeal to Mr Johnston yesterday. She said: “Howard may feel that it is too late for him to change his mind, but it is not. Howard, please think about it. Please think what you are doing to me.”
She added: "I have tried every avenue with him to try to speak to his better nature and nothing has helped. Of course, I’m not saying he doesn’t have rights, but he knew what he was going into when we first went into IVF.
“He chose to become a father the day we created the embryos; that was his choice to be a father.” Mr Johnston said he had no intention of changing his mindThe couple split up in 2002 and Mr Johnston withdrew his consent to the continued storage of the embryos, or their use. Under rules set down by the Human Fertilisation and Embryology Authority (HFEA), both partners must consent to the use of any embryos created by them
Re: Former fiancé stops frozen embryos being used for baby
Actually there was a similar case in US where a woman went and got the sperm of her former husband banked in some hospital when they were trying to get pregnant before or something similar and after the birth demanded child support.
I believe consent should be mandatory. It will also be unfair to the child to grow older knowing his father actually didn’t want anything to do with him.
Re: Former fiancé stops frozen embryos being used for baby
but they wont be your own...
if you was a woman, had had a terrible life threatening illness and you had the chance of having a child which was half "you" and the man you once thought you were going the spend the rest of your life with, decided that you couldnt because he'd changed his mind....
youre hardly going to say ok..I'll adopt a chinese orphan becasue they are cute looking
Re: Former fiancé stops frozen embryos being used for baby
tough call!
Yeah i honestly feel bad for the woman knowing you can't have your own child forever is a horrible feeling. You will live forward for nothing.
That guy is such a jack ass! for hurting someone so deeply and giving them depression attacks. Although he can have all the rights withdraw towards the child? cant he guys? help out here a little.
It would definately be unfair for a child to grow up without a father then again there are millions who do... *sigh...
Re: Former fiancé stops frozen embryos being used for baby
^^ but this isn't just his sperm... the embryo is already there. If she was pregnant, she can still carry on with the pregnancy even if the father changed his mind. Same logic should apply here too.
Re: Former fiancé stops frozen embryos being used for baby
what bloody right does this guy have to stop it. The only reason that he donated a sperm. Its the mother who taken the embryo in the womp for 9 months and give birth.. in any court of law, i would say that mother should have more right over their children.
Re: Former fiancé stops frozen embryos being used for baby
The man has the right to choose whether or not to be a father. It's not as though he failed to take precautions and accidentally made her pregnant. This woman is not, and never has been preganant with their child. Whilst engaged to a woman who was going to become infertile, he gave sperm to create these embryos so that the couple could one day have children if they wished.
Now that they are no longer a couple, he does not wish to have a baby with her. By creating the embryos he did not consent to being a father, he merely allowed to option of later being a father.
Letting her use the frozen embryos removes his right to choose whether or not to father a child with her.
Re: Former fiancé stops frozen embryos being used for baby
Ok I feel bad for the woman, she only has those eggs and now can not use them ever....she's lost any chance of having a chid from her own genetic make up
Re: Former fiancé stops frozen embryos being used for baby
I find this so bloody hypocritical, if a woman wants to terminate a birth i.e. have an abortion, it is her choice. Now it’s her choice to have a baby as well? Just forget about men in the relationship. You can take our blood and have a child with that DNA.
It takes two to make a child. It requires a man and his genome. Without it you can't have a child.
I will ask all those who support the fact that the woman should be allowed to have the child:
Would you think it is fair if a man decided to take his girlfriends embryo and use it to have a child? (The embryo will be placed in a surrogate.)
Would that be acceptable? Would be acceptible for the man to take the woman's egg and just decide to do have a child against her wishes?
Re: Former fiancé stops frozen embryos being used for baby
Ceterus Paribus - Everything else remains equal. As in the male in this case can not have his own children and the eggs are the only way for him to have children of his own.
I wonder how many of our feminists will support the opposite.
Re: Former fiancé stops frozen embryos being used for baby
point noted!
if woman can do abortion on her own wishes..without the father's consent... man has the same right.. he did abortion as well unaturally but he did..
grump :~) - us feminist do have heart and we do like to be fair. It would be unfair for both sides in this situation. I think emotionally if we think we will go with the woman but practially with the man. She can never have her own child now where he can go and made 10 kids etc....
either case its a death of a child....death of emotions, feelings, respect and much more...
