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British woman loses European legal bid to use frozen embryos


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In a landmark ruling Tuesday, the European Court of Human Rights rejected a British woman's request to use frozen embryos against her ex-fiance's wishes.

Natallie Evans, 35, left infertile by cancer treatment, lost her last-ditch legal battle to use the six frozen embryos fertilised with Howard Johnston's sperm in 2001 when they were still together.

The judges in Strasbourg agreed with an earlier British court ruling that both parties' consent was required.

Evans can appeal against the decision.

She had been diagnosed with a pre-cancerous condition of the ovaries and wanted in-vitro fertilisation. Johnston initially agreed, but after the couple broke up withdrew his agreement to the continued storage of the frozen embryos.

The clinic was required by law to destroy the embryos, though legal steps have prevented it from doing so.

Evans appealed to the British courts for an order allowing her to use the embryos. She argued that Johnston had already consented to their creation, storage and use and should not be allowed to change his mind.

But she lost on the grounds that both partners had to agree before the embryos were used and her ex-fiance was entitled to withdraw his consent at any time before they were used.

The embryos are the only chance Evans has of becoming a mother, her ovaries having been removed.

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Britain-rights-Europe-health

AFP 071214 GMT 03 06

COPYRIGHT 2004 Agence France-Presse. All rights reserved.

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