- Published on
KembaraXtra-Case Law-Evans v. Amicus Healthcare Ltd (2004)
Core Principle
Core Principle
- Withdrawal of Consent: If one member of a couple undergoing IVF treatment withdraws consent to the storage or use of embryos, it becomes unlawful to continue storing or using those embryos.
- IVF Treatment & Embryo Storage: Two couples underwent IVF treatment and stored the resulting frozen embryos.
- Relationship Breakdown & Consent Withdrawal: The couples separated, and the men withdrew their consent for the use/storage of the embryos.
- Woman's Argument: One woman argued that her ex-partner had agreed the embryos would always be available to her and that she had relied on this agreement to her detriment. She tried to use the principle of equitable estoppel (legal principle preventing someone from going back on a promise).
- "Treatment Together" Consent: The High Court ruled that the men's initial consent was specifically for "treatment together" as a couple and didn't extend to the sole use of the embryos by the women after the relationship ended.
- Unconditional Right to Withdraw Consent: The court emphasized that Schedule 3, para 4(1) of the Human Fertilisation and Embryology Act (HFEA) 1990 grants either party an unconditional right to withdraw consent at any time.
- Compatibility with Human Rights: This provision of the HFEA 1990 was found to be compatible with Article 8 of the European Convention on Human Rights (right to private and family life), as per Schedule 1 to the Human Rights Act (HRA) 1998.
- Upheld the Judgment: The Court of Appeal agreed with the High Court's decision.
- HFEA Policy Clarity: The court emphasized that the policy of the HFEA 1990 is clear on this issue. The legislation prioritizes the right of an individual to withdraw consent, even if it prevents the other party from using the embryos.
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