Evans v Amicus Healthcare Ltd & Ors

Evans v Amicus Healthcare Ltd & Ors

The Human Fertilisation and Embryology Act 1990 requires ongoing mutual consent for the use and storage of embryos; either genetic parent may withdraw consent at any time prior to implantation. This statutory scheme does not breach Articles 8 or 14 ECHR, as the interference with private life is proportionate and justified, and any discrimination is objectively justified. Estoppel cannot prevent withdrawal of consent where statute provides an express right to do so.

Parties
Appellant: Natallie Evans; Second Respondent: Howard Johnston; Fourth Respondent: Secretary of State for Health; Fifth Respondent: Human Fertilisation and Embryology Authority
Jurisdiction
England and Wales
Judgment Date
25 June 2004
Procedural Posture
Civil Appeal (family Law) / Judgment on Appeal From High Court (family Division)
Outcome
appeal dismissed
Legal Topics
In Vitro Fertilisation (ivf), Withdrawal of Consent, Embryo Storage and Use, Statutory Interpretation, Article 8 ECHR, Article 14 ECHR, Estoppel, Right to Private Life, Discrimination, Parental Rights
Family Law Human Rights Law Medical Law In Vitro Fertilisation (ivf) Withdrawal of Consent Embryo Storage and Use Statutory Interpretation Article 8 ECHR +5 more

Case Brief

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Parties

Natallie Evans

Appellant

Howard Johnston

Second Respondent

Secretary of State for Health

Fourth Respondent

Human Fertilisation and Embryology Authority

Fifth Respondent

Procedural Posture

Civil Appeal (family Law) / Judgment on Appeal From High Court (family Division)

Legal Issues

  1. 1 Whether the withdrawal of consent by a genetic father to the use and storage of embryos is lawful under the Human Fertilisation and Embryology Act 1990
  2. 2 Whether the statutory scheme breaches the applicant's rights under Articles 8 and 14 of the European Convention on Human Rights
  3. 3 Whether estoppel can prevent withdrawal of consent under the Act

Ratio Decidendi

The Human Fertilisation and Embryology Act 1990 requires ongoing mutual consent for the use and storage of embryos; either genetic parent may withdraw consent at any time prior to implantation. This statutory scheme does not breach Articles 8 or 14 ECHR, as the interference with private life is proportionate and justified, and any discrimination is objectively justified. Estoppel cannot prevent withdrawal of consent where statute provides an express right to do so.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Application for permission to appeal to the House of Lords refused