Women’s Reproductive Rights: Who Makes the Frozen Embryo Decision?

There are not many more emotive subjects than women’s reproductive rights as a topic of conversation. There has been a fair amount of media coverage on this deeply personal and life-changing scenario and a fair amount of confusion too, as to who is entitled to make the frozen embryo decision that matters.

Specialist firms like claimsdirect.co.uk amongst others, have had a number of cases land on their desks where women are seeking to challenge the current UK law regarding the use of frozen embryos.

High-profile legal challenge

The Human Fertilisation and Embryology Act 1990 is the legislation that mainly governs what rights individuals have with regard to the use of frozen embryos.

A recent high-profile court case has focussed on this Act and two women who underwent IVF treatment with their respective partners, are now challenging the fairness and legality of the current legislation.

The reason they are doing so is because they have subsequently separated from their partners and they have now withdrawn their consent for these embryos to be used, meaning that under current legislation the embryos must now be destroyed.

This is due to the fact that all parties have to be in agreement and consent to the embryo storage and use, but it raises the vital question as to who ultimately should have the final say with regard to what happens with the frozen embryo.

Human rights

The women are challenging the decision to have the embryos destroyed as they believe that the decision is a breach of their human rights.

One of the women’s former partners has stated that he did not want a child to be born so many years after their marriage had been ended and there is also the argument with regard to legal, financial and moral responsibility for any child born under these circumstances.

This particular case highlights the need for a more rigorous debate about the vital legal, moral and ethical issues attached to the rights of an embryo, and also what the embryos actual status and position in law actually is.

This particular case comes down primarily to the conflicting interest of both parties involved, with the woman wishing to use the embryo to become a mother and the man who has now stated his position, which is that he does not wish to become a father in these circumstances.

Current law

This is a complex subject that requires the skills of a legal expert in this field to address when it comes to a dispute being resolved.

There are certainly some points in the Human Fertilisation Act which are crystal clear and perhaps others that may be open to interpretation, which is where the legal argument will sometimes be required.

IVF clinics based in the UK have to ensure that the creation and use of all human embryos outside the body is subject to strict regulation and certain aspects such as a ban on selecting the sex of offspring for social reasons are strictly prohibited.

Taking into account the needs of both the father and the mother and the issue of women’s reproductive rights in general is a highly emotive issue, but one that clearly needs addressing.

Diane Fahey has spent many years providing healthcare support and insights for women. She aims to provide thought-provoking observations and information to others online. You can find her tips and insights on a number of healthcare-related websites.