In vitro fertilisation and the limits of consent

In Evans v United Kingdom (2006) 43 EHRR 21; [2006] ECHR 200 the European Court of Human Rights was asked to overrule domestic legislation in the United Kingdom which stipulated that either the male or female provider of gametes could withdraw their consent to proceed at any time prior to implantation of embryos. The court held by a majority of five to two that such a legislative regime is compatible with current human rights instruments applicable in Europe. Ms Evans has appealed the European Court's decision to the Grand Chamber. However, compelling public policy arguments suggest that both parties to proposed in vitro fertilisation treatment should be permitted to withdraw their consent until the point of implantation.