Evans v Amicus Healthcare Ltd & Ors (includes Summary of Judgment)

Evans v Amicus Healthcare Ltd & Ors (includes Summary of Judgment)

The Human Fertilisation and Embryology Act 1990 provides that consent to IVF treatment and embryo storage/use must be mutual and effective at the time of transfer; either gamete provider may unconditionally withdraw consent before use. Relationship breakdown renders original consents ineffective. The Act does not...

Source-derived case information.

Parties
Claimant: Natallie Evans; Defendant: Amicus Healthcare Ltd; Defendant: Howard Johnston; Defendant: Royal United Hospital Bath NHS Trust; Defendant: Secretary of State for Health; Defendant: Human Fertilisation and Embryology Authority; Claimant: Lorraine Hadley; Defendant: Midland Fertility Services Ltd; Defendant: Wayne Hadley
Jurisdiction
England and Wales
Judgment Date
01 October 2003
Procedural Posture
Civil / Final Judgment
Outcome
Claims dismissed
Legal Topics
IVF Consent, Embryo Storage, Withdrawal of Consent, Statutory Interpretation, Promissory Estoppel, Convention Rights, Discrimination
Family Law Health Law Human Rights Law IVF Consent Embryo Storage Withdrawal of Consent Statutory Interpretation Promissory Estoppel +2 more

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Parties

Natallie Evans

Claimant

Amicus Healthcare Ltd

Defendant

Howard Johnston

Defendant

Royal United Hospital Bath NHS Trust

Defendant

Secretary of State for Health

Defendant

Human Fertilisation and Embryology Authority

Defendant

Lorraine Hadley

Claimant

Midland Fertility Services Ltd

Defendant

Wayne Hadley

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Are consents to IVF treatment effective after relationship breakdown?
  2. 2 Can a gamete provider withdraw consent to embryo use/storage before transfer?
  3. 3 Does the Act breach Convention rights (Articles 2, 8, 12, 14)?

Ratio Decidendi

The Human Fertilisation and Embryology Act 1990 provides that consent to IVF treatment and embryo storage/use must be mutual and effective at the time of transfer; either gamete provider may unconditionally withdraw consent before use. Relationship breakdown renders original consents ineffective. The Act does not breach Convention rights and promissory estoppel cannot override statutory provisions.

Court Disposition

Claims dismissed

Orders

  • Clinics permitted to remove embryos from storage and allow them to perish