Scottish Council on Human Bioethics

15 Morningside Road, Edinburgh EH10 4DP, Tel: 0131 447 6394

7 March 2006

Press release:

Frozen embryo battle a consequence of modern technology

The Scottish Council on Human Bioethics indicated that the dilemma of Natallie Evans who went to the European Court of Human Rights to challenge a UK ruling on the use of her stored human embryos, is the unfortunate result of the modern trend of freezing increasing numbers of these embryos.

Dr. Calum MacKellar, Director of Research of the SCHB, indicated that "though we have a lot of sympathy for Ms. Evans, this is a very sad predicament which is the consequence of the modern storage of embryos after IVF" adding that "these embryos should not have existed in the first place, they should only have been created once a loving environment could be secured for their development. In Germany and Italy this problem would not exist since all embryos created by IVF for a woman must be immediately implanted." [1]

Dr. MacKellar, also emphasised that if implantation did go ahead then "the potential identity problems of the possible future children should be considered very carefully" adding that "more research in this field of kinship identity between the parents and children needs to be undertaken."

At present more than 100,000 frozen human embryos exist in the UK.

The case highlights a legal curiosity depending on whether the embryo is inside or outside a woman’s body. Had Natallie Evans become pregnant by her partner before separating, then he would have had no powers to stop her having a child. However, when the embryo is outside a woman’s body both man and woman have to consent to its use under UK law.

Dr. MacKellar said in this respect "Once an embryo is inside a woman’s body it is considered as being part of her, but when it is outside, it has a completely different moral and legal status."