The Law Reports (Family Division)
[2005] Fam 1
Court of Appeal
Evans v Amicus Healthcare Ltd and others (Secretary of State for Health and another intervening)
Hadley v Midland Fertility Services Ltd and others (Secretary of State for Health and another intervening)
[2003] EWHC 2161 (Fam); [2004] EWCA Civ 727
2003 June 30;
July 1, 2, 3, 4;
Oct 1
2004 March 23, 24;
June 25
July 1, 2, 3, 4;
Oct 1
2004 March 23, 24;
June 25
Wall J 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