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Widow's frozen embryo case in High Court Widow wins High Court frozen embryo case
(35 minutes later)
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. The widow of a Falklands war veteran has won a High Court bid to keep frozen embryos that they created.
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 Jefferies, 42, from East Sussex, said they were her "last chance" of having his child.
Her husband Clive died suddenly of a brain haemorrhage in 2014 aged 51. Clive Jefferies died suddenly in 2014 and Mrs Jefferies was told the embryos could not be stored for longer than two years - despite consenting to 10.
Written consent for the storage of their remaining embryos has expired. Judge Sir James Munby said it was "obviously right" they be stored for 10 years.
And he said he was sorry Mrs Jefferies had ended up in court as a result of the mistakes of others,
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 cycles The couple had already had two unsuccessful cycles of IVF on the NHS, and were about to undergo their third when Mr Jefferies, a former army medic, died suddenly of a brain haemorrhage in 2014 aged 51.
Mr and Mrs Jefferies had two cycles of IVF on the NHS, which were unsuccessful. Mrs Jefferies was then told that the embryos must be destroyed because a two-year storage period had expired.
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. This was despite the couple signing consent forms for 10 years' storage and posthumous use of embryos.
However, the court was told the consent forms had been amended to just two years storage - that period has now expired. Guaranteed payment
The court heard the forms had been amended because the couple had only two years of NHS funding, which has now expired.
Mrs Jefferies says neither she nor her husband signed the amendments and cannot remember how the changes were made.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. Her legal team suggest the changes on the forms reflect the clinic's 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. Judge Munby said the case "turned on a signature".
The clinic - Sussex Downs Fertility Centre - has since changed its policy and supports Mrs Jefferies application. The clinic - Sussex Downs Fertility Centre - has since changed its policy and supported 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. 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 has also paid Mrs Jefferies' legal costs.
'I want to be a mum''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.
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.
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 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. She told BBC Radio 4's Today programme before the judgement was announced: "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.