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nautilus
Joined: 26 Nov 2005
Location: Je jump, Tu jump, oui jump!
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 Posted: Tue Apr 10, 2007 9:23 pm Post subject: European court denies woman right to her embryos |
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Seems a bit harsh on the poor woman don't you think?
After all the man was quite happy to help make the embryos at the time. Apparently he got a divorce after she contracted cancer and now doesn't want her to have kids. Nice.
British woman loses legal battle to use frozen embryos
Jamie Smyth In Brussels and Kitty Holland in Dublin
A British woman has lost a four-year legal battle to use frozen embryos fertilised by her former partner to help her have a child.
In its judgment, the European Court of Human Rights ruled yesterday that Natallie Evans did not have the right to use the embryos against the will of her former fiance, Howard Johnston.
http://www.ireland.com/newspaper/frontpage/2007/0411/1176156869305.html |
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huffdaddy
Joined: 25 Nov 2005
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| Posted: Wed Apr 11, 2007 2:57 am Post subject: Re: European court denies woman right to her embryos |
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| nautilus wrote: |
| Seems a bit harsh on the poor woman don't you think? |
No, not when the man would probably be responsible for child support if she had a child with those embryos.
I'm all for a woman's right to decide what happens once the embryo is in her body. But as long as it's sitting in the freezer, it's joint custody. The court made the logical decision. |
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Manner of Speaking
Joined: 09 Jan 2003
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| Posted: Wed Apr 11, 2007 3:09 am Post subject: |
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| After all the man was quite happy to help make the embryos at the time. Apparently he got a divorce after she contracted cancer and now doesn't want her to have kids. |
Men should have as much right to reproductive choice as women. She had the embryos fertilized, then apparently "changed her mind" and had the embryos frozen. If she has the right to change her mind about being a parent, so does he. |
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nautilus
Joined: 26 Nov 2005
Location: Je jump, Tu jump, oui jump!
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| Posted: Wed Apr 11, 2007 4:38 am Post subject: |
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-however if you look at the extenuating circumstances:
a) making embryos consentually is no different to getting her pregnant- usually a man has to accept responsibility for the latter- in this case he is allowed to change his mind months later? He was all for it at the time.
b) The woman became infertile soon after making the embryos. Thus they represent the last possibility of her having her own children.
c) The guy would presumably not be legally bound to support the children, or a deal could be struck?.
d) He dumped because she caught cancer, as if thats not enough he then orders her embryos destroyed. |
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huffdaddy
Joined: 25 Nov 2005
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| Posted: Wed Apr 11, 2007 5:30 am Post subject: |
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| nautilus wrote: |
-however if you look at the extenuating circumstances:
a) making embryos consentually is no different to getting her pregnant- usually a man has to accept responsibility for the latter- in this case he is allowed to change his mind months later? He was all for it at the time. |
Yes, there is a difference. Getting pregnant means both parties are immediately bound to the deal. Making embryos is an intention of future pregnancy. It, IMO, is not a binding contract guaranteeing the woman's right to become impregnated with those embryos (unless a contract is specifically made to cover that possibility). Either/or party should have the ability to withdraw from that agreement. Should the man be able to use the embryos with another woman, without the original woman's consent?
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| b) The woman became infertile soon after making the embryos. Thus they represent the last possibility of her having her own children. |
Too bad. She doesn't have a legal right to use embryos that half belong to someone else.
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| c) The guy would presumably not be legally bound to support the children, or a deal could be struck?. |
"Presumably" based upon what precedent? Furthermore, not every guy believes that having children is merely a financial responsibility.
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| d) He dumped because she caught cancer, as if thats not enough he then orders her embryos destroyed. |
Uh? Where does it say that? It sounds like they froze embryos after she was diagnosed with cancer. Thus cancer wasn't the reason they split.
| Quote: |
Ms Evans began fertility treatment in 2000 but was diagnosed with ovarian cancer during the treatment. Her fertility clinic later froze six of the couples' embryos for future use before she underwent an operation to remove her ovaries.
However, in May 2002 the couple split up and Mr Johnston wrote to the fertility clinic to withdraw consent for the use of the fertilised embryos by Ms Evans. He also objected to the continued storage of the embryos, which will now be destroyed. |
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