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A woman who was left infertile after cancer therapy has lost her five year fight to be allowed to have fertility treatment using frozen embryos from her ex-boyfriend after he objected.
Natallie Evans' last ditch attempt to have a child was quashed this afternoon by the Grand Chamber of the European Court of Human Rights in Strasbourg when they confirmed the decisions of the British justice system and ruled that the embryos could not be planted without the permission of her former partner.
At a press conference in east London Ms Evans, who was dressed in black and grey, sobbed and hid her face in her hand.
She said: "I am distraught at this decision. It’s very hard for me to accept that the embryos will now be destroyed and that I will never become a mother.
"While a lot has been said about the rights of Mr Johnston, what I was fighting for was my right to be a mother.
“I’ve pleaded with him before and it hasn’t worked, so there’s nothing that I can say to him any more. Last time I pleaded with him and asked him 'please rethink' and he didn’t, so nothing’s going to change his mind.”
Her solicitor, Muiris Lyons, added: "Her legal fight is now over but her sad loss will remain forever.
"Natalie has fought courageously and with great dignity for the chance to bring a child into the world. She had asked for nothing from Mr Johnston. Legally, there's nowhere else for Natallie to go. It now appears likely that unless Mr Johnston changes his mind, the embryos will be destroyed. This really was Natallie's last hope."
Mr Lyons said that he anticipated the embryos would be destroyed within the next 28-days.
The ruling marked the last avenue of appeal in a long-running court process. She had already lost cases in the High Court, the Appeal Court and the European Court of Human Rights. The 34-year-old, who had suffered from ovarian cancer, believed that she should be allowed treatment regardless of her one-time fiancés current wishes.
Ms Evans, from Trowbridge in Wiltshire, was engaged to Howard Johnston in summer 2000. She developed ovarian cancer the following year, and – as treatment for the disease would damage her fertility – she and her fiancé were given the chance to undergo the start of IVF fertility treatment first.
Eleven eggs were produced, resulting in six fertilized embryos, which were frozen and stored at a clinic in Bath. When the couple separated the following year, Mr Johnston wrote to the clinic asking for the embryos to be destroyed. Ms Evans objected to his demand and has been requesting use of the embryos ever since.
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