In re Warren

Subject Matter

MEDICAL PRACTITIONER — Medical treatment — Human fertilisation — Wife seeking to extend storage period for deceased husband’s gametes — Regulations requiring donor’s written consent to storage in excess of ten years and medical opinion that he “is . . . or is likely to be prematurely infertile” — Clinic failing to give husband relevant information to enable him to consent to extended storage — Medical opinion as to husband’s likely premature infertility only provided after his death — Whether regulations to be read and given effect in way compatible with wife’s Convention right to respect for family life — Whether medical opinion as to husband’s likely infertility could be provided after his death — Whether wife entitled to declaration that storage beyond ten years lawful — Human Fertilisation and Embryology Act 1990 (as amended by Human Fertilisation and Embryology (Quality and Safety) Regulations 2007, reg 16 and Human Fertilisation and Embryology Act 2008, ss 15, 66, Sch 8, Pt 1, para 1), s 14(1)(3)(5), Sch 3, para 3(1) — Human Rights Act 1998, s 3, Sch 1, Pt I, art 8 — Human Fertilisation and Embryology (Statutory Storage Period for Embryos and Gametes) Regulations 2009 (as amended by Human Fertilisation and Embryology (Statutory Storage Period for Embryos and Gametes) (Amendment) Regulations 2009 reg 2(4)(6)), regs 4, 7

[2015] Fam 1; [2014] 3 WLR 1310