The Weekly Law Reports
[2004] 3 WLR 681
Court of Appeal
Evans v Amicus Healthcare Ltd and others (Secretary of State for Health and another intervening)
[2004] EWCA Civ 727
2004 March 23,
24;
June 25
June 25
Thorpe, Sedley and Arden LJJ
Medical practitioner
— Medical treatment
— Human fertilisation
— Female claimant and male partner providing gametes for creation of embryos by in vitro fertilisation
— Male consenting to use of embryos for “treatment … together” with his partner
— Embryos frozen and stored
— Parties separating
— Claimant seeking transfer and implantation of embryos
— Whether parties treated together
— Whether male's consent continuing
— Whether male estopped from withdrawing consent
— Whether creation, selection, freezing and storage of embryos “use”
— Whether treatment engaging Convention right to family life
— Whether provision allowing male gamete provider to withdraw consent infringing right
—
Human Fertilisation and Embryology Act 1990 (c 37), Sch. 3, paras 2(1)(a), 4(1)(2), 6(3)
—
Human Rights Act 1998 (c 42), Sch. 1, Pt I, arts 8, 14