Recovering cancer patient in court battle to save embryos

A recovering cancer patient is taking her former fiancé to court over the future of test-tube embryos they created before her diseased ovaries were removed.

Natallie Evans will take the first legal step next week towards establishing the ownership of six embryos stored at a commercial clinic in Bath and trying to prevent their destruction. Ms Evans, 30, and Howard Johnston, 25, took part in the treatment last year, a month before Miss Evans' ovaries and fallopian tubes were removed because of ovarian cancer.

The couple have since parted and Mr Johnston has asked to have the embryos removed from storage to protect himself from potential financial liability, according to a newspaper.

Ms Evans, of Trowbridge, Wiltshire, received a letter this week from the senior embryologist at the clinic, which outlined Mr Johnston's wishes. She said: "When I read it, it just couldn't believe it. I was devastated, my whole world just fell apart. I didn't know why he was doing this to me."

She had to leave her job because of the cancer and is now moving from the three-bedroom council house the couple shared after the council said it was too big for her.

The Human Fertilisation and Embryology Authority (HFEA) said the case was not the first where one partner had a change of mind. Most disputes were settled without going to court. A spokeswoman said: "Under the law both couples have to consent to treatment. If one of them has withdrawn their consent then treatment cannot take place."

Ms Evans' solicitor, Muiris Lyons, said he was seeking a High Court order to stop the destruction of the embryos. "They need the full consent of both parties, and if one party withdraws consent, as Mr Johnston has done, the embryos cannot be used and have to be destroyed.

"The first thing we have to do is obtain an order to prevent them being destroyed, pending a decision from the court."

Ms Evans said that she would not name Mr Johnston as the father and has said she would not demand any maintenance from him. Mr Johnston signed a consent form saying his sperm and any resulting embryos could be stored for ten years. There were no details to say what should happen if the couple split.

The clinic declined to comment yesterday.