Evans v UK

Grand Chamber Judgment of 10th April 2007. Shortly to be reported. Robin Tolson QC and Susan Freeborn represented Natallie Evans in her long and ultimately unsuccessful fight for the use of her stored embryos. Raising profound issues under Articles 8 and 14, Ms Evans contended that these embryos represented her last chance to have a child that was genetically hers – and as her former partner knew this perfectly well when giving consent originally before later withdrawing it – she must have the right to implantation. Before the European Court of Human Rights the case was lost 5-2 (4th Section) and 13-4 (Grand Chamber), the Court holding that as there was no European consensus on the issue it would not interfere with the UK Government’s stance that ongoing consent in all cases was necessary.

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