Woman loses frozen embryo's fight before European Court Human Rights

by diamondblue1974 4 Replies latest social current

• 

  diamondblue1974

  Discuss!
  
  
  
• 

  Frog

  It sure is a tough conundrum DB. I certainly wouldn't want to be on the legal panel for that one. As devestating as it is for Ms Evans I guess I can understand Howard's point in theory re it being a breach of the reasons why he entered into such an agreement in the first place. However, having said that, I think it's a very sad thing that with the history that they must have shared together that Howard doesn't feel he can relent on such a decision, as it means an incredible lot to a woman he must have cared enough for at some point to have even considered starting a family with.

  It's an interesting thing that a woman has full decision over an embryo when it's in her body, but ownership (so to speak) is joint when it's tucked away in a frozen tube. It's tough because a large part of me says it was the woman's egg and it is only she that can actually give life to that embryo, and if the male partner has joint ownership it's not as though he should be able to take his embryo elsewhere and give it to another woman to raise. The fact that such a facility is available for woman to use before undergoing cancer therapy is evidence of how important it is to her. I guess it's a lesson though for many other women, to make sure they have full legal access to the embryo's should the couple split.

  Just for my information, is it possible to put eggs & sperm on ice or just embryo's?

  What does your legal mind tell you about this case DB?...and what does your humanitarian self (not that this is necessarily separate from your legal self lol;) tell you? frog x
• 

  diamondblue1974

  What does your legal mind tell you about this case DB?...and what does your humanitarian self (not that this is necessarily separate from your legal self lol;) tell you? frog x

  
  

  
  My legal mind is very different to the obvious sympathy I have for her; personally the law provides that consent is required at all stages of the process (ironically just as it is during sex) and it is open for him to withdraw his consent at any time. I think the European Courts have come to the right decision legally in that her right to family life does not 'overide [his] ability to withdraw consent'.

  This is however a hard case, where the law enforces tough results on a person; Your observations above are all absolutely true...I feel very sorry for her.

  DB74
• 

  Ellie

  I am only able to look at this from an emotional point of view and I feel sorry for the woman, she more than likely thought of the embryo as her child, and for a man who once cared for her to withdraw his consent from her having his baby is very cruel indeed.
• 

  Big Tex

  This is in stark contrast to the judgment in the U.S. of a woman who performed oral sex on a man, went into the bathroom, spit (spat?) out the sperm and stored it. She later used it to fertilize one of her eggs and gave birth. A few years later she turned around and sued the man for child support and won. All the while he never knew. One of the more obnoxious decisions in my opinion.

  As to this, good call. Consent should be required by both sides.