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Natallie Evans, who fought a five-year battle to become a mother using frozen embryos, said that she was “distraught” after losing her fight at the European Court of Human Rights yesterday.
Ms Evans’s hopes of conceiving rested on a final appeal after cancer treatment left her infertile. Now the six embryos will have to be destroyed.
She underwent IVF treatment with Howard Johnston in October 2001. But the couple separated before the embryos could be implanted in Ms Evans’s womb and her former partner later changed his mind about having children.
Ms Evans, 35, from Melksham, Wiltshire, broke down yesterday when asked what she would now say to Mr Johnston. She said: “I’ve pleaded with him before and it has not worked so there’s nothing I can say to him any more.”

She added that she had asked him to rethink and he had not, “so nothing is going to change his mind”.
After Mr Johnston, 30, from Cheltenham, refused permission for the embryos to be used in summer 2002, Ms Evans applied to the Family Division of the High Court. She argued that her former partner had already consented to the creation, storage and use of the embryos and that it was unfair for him to be allowed to alter his decision.
After she lost at both the High Court and the Court of Appeal, the law lords refused her permission to take her case to the House of Lords.
In February 2005, Ms Evans lodged an appeal with the European Court of Human Rights. In March last year a seven-judge panel at the court rejected her case in a 5-2 decision.
The Grand Chamber was her last resort.
Current IVF law in Britain — the Human Fertilisation and Embryology Act — requires consent from both man and woman at every stage of the IVF process. There is no standard European approach to questions in the field of IVF.
Speaking after the court’s decision yesterday, Mr Johnston said that the couple had discussed the low success rate of IVF and had talked about other options, such as fostering or adoption.
“I hope she will be able to find happiness through one of those other means,” he said. “Being a mother is still an option to her that does not involve me.”
If yesterday’s verdict had gone against him, Mr Johnston said that he would have taken legal advice on the steps he needed to take. “I did not assume anything,” he said. “I had hoped that common sense and the legal framework would hold up. I’m grateful and relieved that it has done so.”
Mr Johnston, who ended the relationship in May 2002, denied that his action was selfish but said that he had “every sympathy” for Ms Evans. “I don’t think I have acted selfishly. If you turn this on its head and if I was infertile with a new partner I wouldn’t expect Natallie consenting to me using them.”
He said that he had not spoken to Ms Evans but accepted that she had been through an “emotional roller-coaster”. He added: “I’ve every sympathy with Natallie but from the first moment I knew I didn’t want to have children with her, and it’s the same I feel now.”
He said that he had never considered backing down during the five-year legal fight. “I don’t know how it has affected me. But it has been difficult having other people making such a big decision for you.”
Ms Evans said in a statement: “It’s very hard for me to accept that the embryos will now be destroyed and that I will never become a mother.
“I would ask Howard to consider whether he could ever permit me to have the children I so dearly long for.”
Speaking after the press conference, Ms Evans’s mother, Angela Elmes, 59, described the moment that her daughter had learnt that she had lost her fight. “I could not control her,” she said. “It was horrible. She was just so devastated. She did not believe it.”
The judgment declared: “The Grand Chamber . . . did not consider that the applicant’s right to respect for the decision to become a parent in the genetic sense should be accorded greater weight than [Mr Johnston’s] right to respect for his decision not to have a genetically related child with her.”
Anna Smajdor, researcher in medical ethics at Imperial College, London, said: “There is something deeply amiss here. Ms Evans is not allowed to have her embryos implanted without her ex’s consent, yet he — effectively — is allowed to have them destroyed without hers.”
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mr johnston should have no say in the matter he was all for it at first because other wise they would not have fertillised the eggs in the first place i think he is just being spitfull its alright for him he can go on and have a family but that was her last chance they should have made her sign to say she would not trouble him for maintance he must have loved her once let her have her last chance it might not work any way but at least she could have had a chance i feel for her
tan, notts, england
Surely some legal document could be drawn up that protects Mr Johnston's rights - if he does not want Ms Evans or any ensuing child to have any claim over him, then surely that could be protected legally? What the courts have done is destroyed Ms Evans' chances of ever having her own biological child; to my mind that is absolutely intolerable. Those embryos are HER eggs, eggs which belong to her, a product of her body. So they've been fertilised by a cell from a guy who no longer wants anything to do with her: fair enough, so have a legal process that says he is not beholden to Ms Evans' or a child in any way. What gives him the right to have the power to have HER eggs destroyed? If Ms Evans had had an artificial sperm donor fertilise her eggs, said donor would not have any right to order her eggs destroyed. Why should this be any different?
This world has gone mad when it allows a sperm donor to have a woman's potential child destroyed!
Helen, Surrey,
If I willingly and gladly donate 5000 pounds to you for a specific cause and you use it for that cause, can I then come back some years hence and say I've changed my mind and want my money back?
Mo, LA, CA
Perhaps they should use King Solomon to decide this. She would get half the fertilized eggs to do what she wished with them and he would get the other half to do what he wanted with them. So while he might end up being a father to children that he would never see, she too could end up being the mother to children that she would never see.
Dave, Orangevale, California, USA
Ms. Evans' plight is obviously a heart-breaking one for her and I wonder why her former partner went through the IVF if he didn't intend to have children. It seems rather sadistic - and schizophrenic - to give her that kind of false hope.
On the other hand, if we as women are going to truly advocate for equal rights we can't expect to be able to determine our own reproductive destiny and then think we can force a man to become a father against his will.
I hope Ms. Evans will consider adoption. There are more ways to become a mother than through carrying and delivering a child. Many children are languishing in foster homes, just waiting. If she is truly serious about becoming a mommy she might want t reach out to one of them.
Victoria, Watha, USA
A man has a right to do with his body as he wishes. I'm tired of women always telling men what they can and cannot do with their body. If a woman wanted to terminate a fertilization without the man's consent she would never be allowed to. Oh wait, I've got it mixed up...
Habib Hassan, albany, NY
I am so sorry for Ms Evans and also appalled at the lack of sympathy your readers have shown her, the majority view held by men. Ms Evans had a terrible disease which has affected her chances of having her own children. Every person in this world with an ounce of a decent heart can clearly see this woman has enough love for these "babies".
I wonder how Mr Johnston will feel once he has made that all important decision to become a father himself when he looks into his newborn babies eyes and remembers the chance he took away from Ms Evans. He is a very very lucky man to have that option.
I truly and sincerely hope that she can move on from this and find someone to share her life with.
Good luck Ms Evans.
Elizabeth Shore, Yeovil, Somerset
In my view the decision is the right one. How wrong it would feel to be forced to have a child of mine born into the world yet be unable to care for it properly - yet the assumption seems to be that the man (who may feel like that) could have had his very responsible need to be a proper father to any child he produced denied.
Some people are not happy to adopt or foster, feeling the need to have their own children.
However, many men are happy to donate sperm to prospective mothers. I wonder if this could be done in this case and a baby of her own created with the sperm from a doner? Or is cost the problem with that option?
Marguerite de Woeps, Great Yarmouth, Norfolk
I don't understand why no one recommended to the plaintiff to only have her unfertilised eggs frozen, that way she could have had them fertilised by a sperm donor at a later date without requiring the consent of a third party. Would that not have been the most reasonable course of action to prevent something like this from happening?
Sofia, Birmingham, West Mids - UK
I believe in equal rights and that is why I do not agree with the successive rulings on this case. Just as I don't agree that a woman should have the sole right to abort a baby she does not want, regardless of whether the father of that baby might be interested in keeping, looking after it, etc. I could understand this man wanting to withdraw permission for his sperm to be used but these are fully formed embryos. A very different matter.
Must the law now be changed to give all men the same rights, i.e., the right to change their minds and force women to have abortions in order to destroy the embryos they helped create?
Margarida Jordan, Lisbon, Portugal
Of course she does not have a 'right' to conceive but the small mindedness of Mr. Roberts leaves me speechless.Men chuck sperm about by the bucketload in their lives - it will cost him nothing except perhaps a dent in his gros ego. I am sick of petty mean spirited acts masquerading as moral decisions. This like everything else on this crowded planet will not be resolved by absurd deliberation of rights but by simple open hearted kindness.
David Craig, Lagrasse, France
Common sense has finally ruled in the European courts. A few years ago we saw the sad spectacle of Diane Blood apparently allowed to effectively rape the corpse of her former partner and now another woman has tried to rape her partner by using the product of his body without his consent.
If the European court had gone any other way, then rape would have effectively been legalised and who wants that?
Mikko Takala, Drumnadrochit, Inverness-shire
Well, it's a shame that this lady has to go through such a painful time but the decision is the right one. There are plenty of children already in this world that need fostering or adopting and the chance to be loved. If a man doesn't want to have a baby that's his right - no one elses.
Barry Clark, Leeds,
There are far too many children in this world that need a loving home. I feel for Ms Evans but know that if I was in her shoes I would adopt.
The court's decision was right. Mr Johnston has rights too.
Frederick from Telford needs to get up to speed with men and women in this day and age. What planet is he on? Men and women should respect one another equally then we wouldn't have half the problems we do.
Jane, Leamington Spa,
This has got nothing to do with him being spitful to her. This is about basic human rights and the ability to consent to have children. The ability for a woman to have an abortion at all is completely against nature, but to be able to do it without the fathers consent is wrong. I feel for both involved, but the decision was wholly correct.
There are other avenues, and 100's if not thousands of children who are sitting in the care system being ruined by the system itself. I would hope when Miss Evans recovers from her loss that she is able to direct her love to save at least one of the poor souls in the care system.
Darshna, Harrow, london, England
Although I feel great sadness for Ms Evans, the decision is undoubtedly right. Just swap the genders and it becomes very clear:
~ ~A woman does not want to give birth, but a man she dislikes, with whom she slept many years ago and hasnt see since, forces her to become pregnant. When the child is born, she has no access rights and never sees her baby.~~
If that situation is intolerable, as it obviously is, then where would gender equality be, if a man could be forced into the equivalent position?
I am a woman with personal experience of infertility and sympathise with her pain, but many women worldwide do not have babies. Much has been said of a womans right to give birth, but it does not exist.
Jenna Brown, Altrincham, Cheshire
I think it is important to remember that the couple are no longer in a relationship. Why would you want a child with an ex partner post relationship. I think it very unfortunate that Miss Evans cannot have children but it is not the responsibility of Mr Johnston to assist her especially as he has decided that he does not want to have a child with her.
Anna, Winchester, UK
Sorry Ms Evans desperation is not an excuse for children, what happens when the child is older and asking questions? no one has considered the current situation of Mr Johnston he may well be married or with another partner! it takes two to tango ! look what happens when there is accidental Pregnancies ! its ok then to point fingers at the two ! , Single parenting is hard enough , we don't start playing god when it suits Ms Evans, and am sorry about your cancer , but there are other children in the world without parents who could do with your winllingness to be a parent! its certainly could be a biological issue here as a woman, but the logical thinking is being over run by Ms Evans body clock.
lee Harris, leeds, uk
Mr Johnston's attitude is perfectly understandable, though unfortunate, and may be dictated by the existence and modus operandi of the Child Support Agency. There is no guarantee that the agency will not pursue Mr Johnston for substantial child support payments at some time in the future, whether Miss Evans agrees or not, so no assurances from her on this subject can have any validity.
Martin Evans, Newmarket, Suffolk
This ruling proves that women has taken men for granted and treated men as they please for far too long. Mind you nobody will ever know what happen between Howard and Ms Evans and why he has consistanly refused Ms Evans the use of the embroyo. She must have treated him badly to deserve this sort of action from him. l think it serve her right and this is proves that women needs to give men more respect in this day and age.
Frederick Tiboah-Addo, Telford, UK
There is something deeply amiss here. Ms Evans is not allowed to have her embryos implanted without her exs consent, yet he effectively is allowed to have them destroyed without hers.
It's interesting how this argument doesn't work the other way around. When a woman is pregnant with a man's baby, she can choose to have or abort it with or without his concent, nevermind the possible child support implications.
George Worthington, Stockton, CA
Oh sure. And I'd bet after she had the child, she would have wanted him to pay for child support as well.
Joe Cortez, Salinas, CA
The court's decision makes a lot of sense.
One feels sorry for both parties, him for all he has gone through and her for being unable to be a biological mom, but as he said, there are other avenues to motherhood. And given her serious illness at such a relatively young age, it is somewhat reckless of her to have biological children anyway.
There are lots and lots of children waiting to be adopted.
Tara, Richmond, VA,