IVF women lose their chance to have babies
By Sarah Womack, Social Affairs Correspondent Telegraph News  02/10/2003

Two women lost their legal battle yesterday to have babies using the frozen embryos that their former partners want destroyed.

'Devastated': Natallie Evans leaves court

A High Court judge ruled that Natallie Evans, 31, and Lorraine Hadley, 38, could not complete the in vitro fertilisation treatment they started with the two men.

Mr Justice Wall's decision has implications for all women who have undergone IVF treatment and have embryos in storage.

Critics argued that had the women conceived naturally before the relationships ended the men would have had no right to block the pregnancies.

The judge refused them leave to appeal directly, but suggested they apply to the Appeal Court for a decision on whether they could challenge his ruling. The embryos will remain in storage.

If that route fails, the women could take their case to the European Court of Human Rights.

The two men withdrew their consent for the frozen embryos to be used after both couples separated.

Miss Evans, from Trowbridge, Wilts, said the embryos were her only natural chance of having a baby because, after IVF, her ovaries were removed following the discovery of pre-cancerous cells.

"Natallie is desperate to have the baby she has always dreamed of," said Muiris Lyons, her solicitor.

"To say that Natallie is disappointed would be an understatement. She is devastated. For her, these embryos are her babies. Naturally Lorraine is also very upset and disappointed at the decision."

Mrs Hadley, from Baswich, Staffs, has an 18-year-old daughter from a previous relationship but underwent IVF because she suffers from polycystic ovary syndrome which affects fertility.

She has two embryos in storage, created while she was married to Wayne Hadley. Mr Hadley has remarried and has a child by his new wife.

The women challenged the 1990 Human Fertilisation and Embryology Act (HFEA), which states embryos must be destroyed unless both parties consent to their continued storage and use.

They argued that the embryos were "used" when they were fertilised. The men said they would only be used once implanted in the women.

The judge expressed sympathy for all those involved, particularly Miss Evans, "but the Act must be respected".

He said that if the women gave birth using the embryos, the men would be the biological fathers and financially responsible for the children, but would not "enjoy any form of natural paternal relationship".

Howard Johnston, who lived with Miss Evans from 1999 to 2002, said he hoped her wish to start a family could be granted some other way, perhaps by the use of a donor egg. Miss Evans has six stored embryos.

Mrs Hadley's solicitor said she was "not completely infertile" and could possibly become pregnant if she used donor sperm or formed a relationship with another man. However, given her age, neither route would be easy.