Widower, 38, in High Court legal battle to use embryo he created during IVF ...

Widower, 38, in High Court legal battle to use embryo he created during IVF ...
Widower, 38, in High Court legal battle to use embryo he created during IVF ...

An investment manager is fighting for the right to have a baby using the last remaining embryo he created with his late wife, after they spent a years desperately trying to have children. 

Widower Ted Jennings, 38, of Highbury, north London, used his sperm to create multiple embryos with Fern-Marie Choya during several rounds of IVF treatments between 2013 and 2018. 

He has now asked Mrs Justice Theis at the High Court to rule that it would be lawful for him to place the last embryo - which was created in 2018 and has been stored -  'in treatment with a surrogate mother'.

But lawyers representing the Human Fertilisation and Embryology Authority said Mr Jennings' application should be dismissed.

They argued that it would not be lawful to use the embryo because Mr Jennings' accountant wife, who died in 2019, aged 40 after becoming pregnant, had not provided written consent.

The judge considered Mr Jennings' application at a public hearing in the Family Division of the High Court in London on Thursday and is expected to deliver a written ruling in the near future.

Widower Ted Jennings (pictured), 38, of Highbury, north London, used his sperm to create multiple embryos with his late wife Fern-Marie Choya, following several rounds of IVF treatments between 2013 and 2018.

Widower Ted Jennings (pictured), 38, of Highbury, north London, used his sperm to create multiple embryos with his late wife Fern-Marie Choya, following several rounds of IVF treatments between 2013 and 2018.

Mr Jennings has now asked Mrs Justice Theis to rule that it would be lawful for him to use the last embryo - which was created in 2018 and has been stored - 'in treatment with a surrogate mother'. (Pictured: Fern Marie Choya)

Mr Jennings has now asked Mrs Justice Theis to rule that it would be lawful for him to use the last embryo - which was created in 2018 and has been stored - 'in treatment with a surrogate mother'. (Pictured: Fern Marie Choya)

IVF can cost upwards of £5,000 per cycle and has low chances of success

In vitro fertilisation (IVF) is one of several techniques available to help people with fertility problems have a baby.

During IVF, an egg is removed from the woman's ovaries and fertilised with sperm in a laboratory.

The fertilised egg, called an embryo, is then returned to the woman's womb to grow and develop.

It can be carried out using your eggs and your partner's sperm, or eggs and sperm from donors.

The success rate of IVF depends on the age of the woman having treatment, as well as the cause of the infertility (if it's known).

 In 2019, the percentage of IVF treatments that resulted in a live birth was: 32% for women under 35; 25% for women aged 35 to 37; 19% for women aged 38 to 39; 11% for women aged 40 to 42; 5% for women aged 43 to 44 and 4% for women aged over 44.

Younger women are more likely to have a successful pregnancy. 

IVF isn't usually recommended for women over the age of 42 because the chances of a successful pregnancy are thought to be too low.

If you're not eligible for NHS treatment or you decide to pay for IVF, you can have treatment at a private clinic.

The cost of private

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