Should This Woman Be Allowed To Use Her Own Embryos?

@Stiletto (4579)
April 10, 2007 3:22am CST
A current story in the UK is that of a woman who underwent IVF treatment some years ago because she had been diagnosed with Ovarian Cancer and knew the treatment she received would leave her infertile. The IVF treatment produced six frozen embryos fertilized with her partners sperm. However, when the couple split up in 2001 her former partner withdrew his consent for the embryos to be used. The womans argument is that her ex-partner consented to the creation, storage and use of the embryos and should not be allowed to change his mind. The woman has been fighting this case for years and has been to the High Court and the Court of Appeal in the UK and is now at the final appeal stage with the European Court of Human Rights. Up until now all the courts have ruled against the woman and the UK courts have ordered that the embryos be destroyed. The judgement from the European Court of Human Rights is now imminent. What do you think? Should the fact that this is the only chance this woman will have to carry her own child override the rights of her ex-partner to withdraw his consent to their use? Do you think he has the right to withdraw his consent?
2 people like this
3 responses
10 Apr 07
I can see this from both sides I suppose. The couple did go through this procedure together and the eggs were there for both of them if they wanted to go ahead with IVF within their marriage, but obviously now they have split this can no longer happen. I can understand why the ex would not want her to go through with this as then he would have a child with her and maybe he doesn't want any relationship to continue with his ex. Every child should be given the right to know who their biological father is. Maybe he has had kids with a new wife and doesn't want one with his ex. I can also understand how the woman must feel but I don't think it is our god given right to have kids, there should be other factors that should be taken into considertion. One of these being that this life was created by the ex as well and his rights should be considered. Once the relationship terminated, so did the right for her to carry his child I suppose. This may sound harsh, but if I was the man I do not think I would be too happy if this went ahead. Sometimes life is cruel, I know some women, including my sister who cannot have children but they decide that life is precious and do accept this fact and get on with their lifes. This woman has spent the last 6 years fighting over this and I feel she may have nothing else to live for now if the decision goes against her. Sometimes the obsession to want a child is greater than the reality of having to cope with bringing a child into this world. Sadly I have known two women who spent over 5 years trying to concieve and when they finally had a baby it was not all pretty bows and cuddles, as they had imagined and they found their fantasy of motherhood so different to the reality of it. I can't say this for all women I am only going by those I know. I honestly do feel sorry for the woman in this but it took 2 to make these embryo's fertilised so it should take 2 to make the decision if life should grow from them. Thanks for an interesting discussions. Whats your views on it?
@Stiletto (4579)
10 Apr 07
It's difficult because I have sympathy with both sides. I can understand why her ex does not want her to go ahead and conceive using embryos he has fertilized. The fact that he's stuck with this decision, despite what must be enormous pressure as a result of the publicity this case has generated, suggests he genuinely feels strongly about this issue - it's clearly not just about being difficult or obstructive. There again of course I feel a lot of sympathy for her. As you say she's been fighting for years and has really done everything possible to win the right to use these embryos. I guess knowing it's her only chance to have her own child makes it all the harder. It's a very sad situation. It's tough but I think ultimately her ex does have the right to withdraw his consent. Having followed this case from the start I kept hoping he would eventually change his mind but it looks like that's not going to happen. I agree for some women the desire to have a child can become an obsession that takes over their whole life. I can't imagine how this woman will cope if this final appeal goes against her. Sometimes it's in our own best interests to face the fact that life isn't always fair, that sometimes no matter how badly we want something we're just not meant to have it.
10 Apr 07
Thanks for your response I agree with what you say. I haven't been following this case, but I must admit the ex has be a very strong man to stand by his convictions amongst all this publicity. I can only speculate that these eggs were frozen when they loved each other and saw a future together. However, now they are seperated the love has obviously gone and it may be too much for him to deal with. I hope the woman can get on with her life after this if the decision goes against her. Thanks!!
1 person likes this
6 May 07
I don't think that the guy should have the right to withdraw his consent cos if he loved her enough to go through all that in the first place then he should be willing to let her use them considering it is her only chance of having children. It is not like she is asking for him to be an active part in it and papers can be drawn up in court stating that he shouldnt have a part in anything later. I jsut can't believe some of the cases that get dragged through our courts costing our goverment an absolute load of money but yet we sit moaning we don't have enough space in prision to jail child molestors. We should stop these stupid cases going to court and build more jails with the money. Sorry not I have had my rant!!!! Thank you.
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@Stiletto (4579)
6 May 07
A rant does you good (I have them all the time!) and you're right - it should have been dealt with differently and not dragged through court. I suppose the embryos will have been destroyed by now but I just thought it was a real shame for her - can't help thinking there was some bitterness there on his part. You know what it can be like with an ex sometimes!
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11 Apr 07
I think she should be allowed to use the embryos. At the time they were created he agreed to making these 'children' You cant change your mind afterwards and say I dont want them. Would she have gotten pregnant at the time he wouldnt have been able to say hey we split so now I dont want my child anymore either. I'm on her side with this.
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@Stiletto (4579)
11 Apr 07
One of the things that surprised me the most about this whole case is the fact that either party can withdraw their consent right up until the last minute apparently. I suppose I had always thought that once the embryo was ferilized then that was it. There again I guess most people probably don't wait for long before they "use" them. Of course the European Court gave their ruling yesterday and she's lost her appeal so it's all over now - there's nowhere else for her to go with it. I try to see it from his point of view as well and I do understand where he's coming from but it's impossible not to feel sorry for her.