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Family Law

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11 OCT 2012

ASSISTED REPRODUCTION:Knecht v Romania (App No 10048/10)

(European Court of Human Rights, 2 October 2012) 

The applicant had embryos stored at a fertility clinic in Romania. When a criminal investigation took place at the clinic the embryos were moved to the institute of forensic medicine, a State facility, which was not authorised to function as a genetic bank. The woman alleged a breach of her Art 8 rights under the European Convention in respect of her being prevented from becoming a parent.

The court held there had been no violation of the woman's Art 8 rights. During the proceedings arrangements were made for the embryos to be moved to a fully licensed fertility clinic. Despite the fact that the applicant maintained her consent had not been sought for the transfer and that she had not had the opportunity to select the clinic herself it had not been demonstrated that the State had failed to strike a fair balance between the competing interests.

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