Evans v. Amicus Healthcare Ltd and Others; Hadley v. Midland Fertility Services Ltd and Others

Abstract

Court Decision: [2003] 4 All England Law Reports 903; 2003 October 1 (date of decision). England and Wales High Court held that the use of an embryo created through in vitro fertlization could not proceed without consent of both parents at the point of time at which the embryo was to be used. Two women brought suit against respective former male partners with whom embryos had been created through in vitro fertlization. Both women had subsequently separated from their partners and had brought suit to gain use the of created embryos. Although both men had given consent for their gametes to be used to create the embryos, such consent had been given solely for treatment together with their partners. Absent the mens' consent at the time of transfer of the embryos into the women, the parties could not be said to be seeking treatment together. Despite any broad unconditional statements of consent made by either man prior to separation, public policy concerns required the present objection to prevent finding of informed consent to transfer the embryos to the women. [KIE/ECL]