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Family Law

The leading authority on all aspects of family law

22 SEP 2011

Evans v Amicus Healthcare; Hadley v Midland Fertility Services - Revealing cracks in the 'twin pillars'? [2004] CFLQ 437

In the case of Evans, the courts were asked to determine the fate of stored embryos created from the gametes of a now separated couple where the man requested the destruction of the embryos and the woman sought their implantation. It is suggested that, in finding that the man had a right to withdraw his consent to use and continued storage of the embryos, the courts were correct in their interpretation of the relevant law. However, it is argued that the case reveals clear problems with each of the 'twin pillars' which provide the ethical support for the legal principles elaborated by the Human Fertilisation and Embryology Act 1990: consent and child welfare.

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