Embryos battle goes to Europe (From The Wiltshire Gazette and Herald)

Embryos battle goes to Europe

Natallie EvansCANCER survivor Natallie Evans took her fight to save six frozen embryos to the European Court in a final effort to have a child of her own.

Ms Evans, 33, of Bowmans Court, Melksham, was diagnosed with ovarian cancer in September 2001, and her ovaries were removed.

She froze six embryos, fertilised by her partner Howard Johnston's sperm.

But when the couple split up, Mr Johnston withdrew his consent to use the embryos.

Ms Evans applied to the High Court, arguing her ex-partner consented to their creation, storage and use, and should not be allowed to change his mind.

However, her case was dismissed both by the High Court, and the Court of Appeal, and the House of Lords, the last legal resort in the UK, would not consider the case.

Ms Evans wants a ruling from Strasbourg that allows her to use the embryos as the Human Rights Convention guarantees a "right to family life". Her lawyers were in court on Tuesday.

She said: "I know this is my last chance.

"Every time I have been to the courts before, I have known there is something to fall back on; the High Court, the Court of Appeal or the House of Lords, but this is it.

"It has been a battle over the last three years and I feel I have to fight for my babies because everybody else wants to destroy them.

"Parents will do anything to fight for their babies and that is how I feel.

"They are not living or breathing yet, but they are my babies."

Ms Evans says she is being discriminated against because of her infertility and every day is a new battle.

"It brings it all back when I see other families. People are often worried about telling me if they are having a baby, but I don't want that," she said.

"Just because I am having to fight for my babies it doesn't mean I expect everyone else to put their lives on hold."

Muiris Lyons, of solicitors Alexander Harris, representing Ms Evans, said: "Natallie feels very strongly that she should be allowed to use her stored embryos.

"She cannot understand that the law requires them to be destroyed when they represent her last chance to have a natural child of her own.

"If the UK law says that Howard can change his mind at any time, then Natallie feels that the law is unfair and breaches her human rights.

"It effectively discriminates against women who have to undergo IVF treatment because of infertility."