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Human rights—Embryo—Frozen stored embryos

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27 April 2007
Issue: 7270 / Categories: Case law , Law reports
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Evans v United Kingdom (App. No. 6339/05), [2007] All ER (D) 109 (Apr)

European Court of Human Rights, Grand Chamber

Judges Rozakis (President), Costa, Bratza, Zupancic, Lorenzen, Turmen, Butkevych, Vajic, Tsatsa-Nikolovska, Baka, Kovler, Zagrebelsky, Mularoni, Spielmann, Jaeger, Thor Bjorgvinsson and Ziemele, and Mr E Fribergh (Registrar)

10 April 2007

Where the issue is one of the right to respect for the decision to become a parent in the genetic sense, the margin of appreciation to be afforded to the respondent state under Art 8 of the European Convention on Human Rights (the Convention) has to be a wide one.

The applicant had to have both ovaries removed, but she and her partner, J, were informed that it would be possible first to extract some eggs for in vitro fertilisation (IVF) if the procedure was carried out quickly. Both the applicant and J signed a form consenting to the IVF treatment and that, in accordance with the provisions of the Human Fertilisation and Embryology Act 1990 (HFEA 1990), it would be possible for either to withdraw

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