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Widow's frozen embryo case in High Court Widow's frozen embryo case in High Court
(about 4 hours later)
The widow of a Falklands war veteran who is trying to prevent the destruction of their frozen embryos takes her fight to the High Court on Wednesday. The High Court has begun hearing the case of the widow of a Falklands war veteran who is trying to prevent the destruction of their frozen embryos.
Samantha Jeffries, from East Sussex, said she just wants "to be a mum" and the embryos are her "last chance" of having her dead husband's child.Samantha Jeffries, from East Sussex, said she just wants "to be a mum" and the embryos are her "last chance" of having her dead husband's child.
Her husband Clive died suddenly of a brain haemorrhage in 2014 aged 51.Her husband Clive died suddenly of a brain haemorrhage in 2014 aged 51.
Written consent for the storage of their remaining embryos has expired.Written consent for the storage of their remaining embryos has expired.
Embryos, like sperm and eggs, can be stored for a maximum of 10 years before couples must renew their written consent.Embryos, like sperm and eggs, can be stored for a maximum of 10 years before couples must renew their written consent.
Failed cyclesFailed cycles
Mr and Mrs Jefferies had NHS funding for three cycles of IVF, which covered the costs of storing embryos for two years. Mr and Mrs Jefferies had two cycles of IVF on the NHS, which were unsuccessful.
They had ticked the box to consent to 10 years embryo storage but were asked by their clinic, Sussex Downs Fertility Centre, to change it to two years because that was the limit of their NHS funding. The couple had signed forms consenting that the embryos be stored for 10 years, and Mr Jefferies had also signed forms saying the embryos could be used in the event of his death.
The couple had two cycles of IVF which were unsuccessful. However, the court was told the consent forms had been amended to just two years storage - that period has now expired.
Mrs Jefferies says neither she nor her husband signed the amendments and cannot remember how the changes were made.
The couple had NHS funding for two years' storage, and her legal team suggest the changes on the forms reflect the clinics policy at the time, which was to offer storage only for the period for which they were guaranteed payment.
The judge, Sir James Munby said the case "turned on a signature" and who signed the form.
The clinic - Sussex Downs Fertility Centre - has since changed its policy and supports Mrs Jefferies application.
It said its previous policy had not been driven purely by financial concerns, but also because of the desire to maintain regular contact with couples. It is also paying Mrs Jefferies' legal costs.
'I want to be a mum'
Clive Jefferies served in the Royal Army Medical Corps and was on board the transport ship Sir Galahad when it was bombed in the Falklands in 1982, killing 48 men.Clive Jefferies served in the Royal Army Medical Corps and was on board the transport ship Sir Galahad when it was bombed in the Falklands in 1982, killing 48 men.
He later worked as a nurse.He later worked as a nurse.
When Mr Jefferies died suddenly in April 2014, the couple had been about to have their last cycle of IVF treatment.When Mr Jefferies died suddenly in April 2014, the couple had been about to have their last cycle of IVF treatment.
In early 2015 Mrs Jefferies received a letter from the clinic saying that consent for the embryo storage would expire that August.In early 2015 Mrs Jefferies received a letter from the clinic saying that consent for the embryo storage would expire that August.
The law states that embryos cannot legally be stored once consent has expired.The law states that embryos cannot legally be stored once consent has expired.
'I want to be a mum'
But Mrs Jeffries says she does not want to be denied the last chance to have her late husband's child by "bureaucracy".But Mrs Jeffries says she does not want to be denied the last chance to have her late husband's child by "bureaucracy".
She told the Today programme: "It's pure red tape. They (the embryos) are going to be allowed to perish, which would be the worst case scenario. She told BBC Radio 4's Today programme: "It's pure red tape. They (the embryos) are going to be allowed to perish, which would be the worst case scenario.
"I want to be a mum and I want my husband's children. We chose each other... based on lots of reasons... when two people fall in love."I want to be a mum and I want my husband's children. We chose each other... based on lots of reasons... when two people fall in love.
"He was a wonderful man and I'd like to continue to have his children.""He was a wonderful man and I'd like to continue to have his children."
The Human Fertilisation and Embryology Authority (HFEA) wrote to all IVF clinics in 2012 urging them not to restrict embryo storage to two or three years.The Human Fertilisation and Embryology Authority (HFEA) wrote to all IVF clinics in 2012 urging them not to restrict embryo storage to two or three years.
It said the policy risked "causing significant distress" in the event of a patient dying and urged them to allow couples to store embryos for 10 years, even if their funding ran out sooner.It said the policy risked "causing significant distress" in the event of a patient dying and urged them to allow couples to store embryos for 10 years, even if their funding ran out sooner.
The Sussex Downs Fertility Centre has since changed its policy to match that recommended by the HFEA allowing couples to store embryos for 10 years.
The clinic said its previous policy had not been driven purely by financial concerns but also because of the desire to maintain regular contact with couples. It is supporting the case brought by Mrs Jefferies and paying her legal costs.