Law Lords reject woman’s IVF plea (BBC)
Yes it’s unfortunate that she has had cancer and her ovaries removed but appealing on what appears to be a tenuous base, that of “her only chance of having a child of her own”, is not really on. If the law were decided by how hard we can tug at heartstrings, I dread to think what a mess we would be in.
While the man in this relationship has withdrawn consent – which he is perfectly entitled to do – surely this is no different to if he had wanted to have the embryo implanted and carried by another woman yet the egg provider refused permission ? I would guess that if this was the case people would be against it simply because it was the man, so why different because it’s the woman ?
The European Court also has a lot to answer for. Okay, so there has been the odd case that changes laws, but for the most part, it seems to be an invention by lawyers for lawyers. It’s a way to suck money out of people with no real regard for their feelings or their emotional turmoil. It’s slow at bringing a case, yet I’d bet it’s fast at the creation of legal bills.
Back to the case … let’s say the Court had said that she could go ahead and have the child. Firstly, that would have meant the law had overridden the legal desire of the man. The fact that the embryo is frozen merely provides the time for legal argument, but if they had said yes, what would happen if a woman got pregnant, the man discovers this and the woman says she is going to have a termination. If the Court had said on yes before, despite one party refusing permission, then surely it would follow that the Court would have to rule in favour of the man this time and prevent the termination ? If not, why not ? Secondly – and I’m sure this didn’t figure in the above case – what happens after the birth ? What happens when the Child Support Agency decide, following the mother’s actions, to seek financial help from him ? He should pay shouldn’t he ? Or does the fact that he opposed the birth give him an opt-out ? And if it did, how many other fathers would do the same ? And if he had opposed the birth, but the Court ignored him, how is that going to affect the future child ?
Shit happens in life, and the Courts can neither make it better nor should they be asked to try.