Tuesday, April 29, 2008
Katharine Wright (Nuffield Council on Bioethics) has posted Competing Interests in Reproduction: The Case of Natallie Evans on SSRN. Here is the abstract:
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domestic courts and in Strasbourg for the right to continue with treatment despite the fact that her former partner had withdrawn his consent.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.