A CANCER survivor fighting for the right to have a child of her own has lost her last legal battle.

The European Court of Human Rights ruled on Tuesday that Natallie Evans, 33, cannot use the frozen embryos created when she had her ovaries removed because she does not have the consent of her ex-fianc.

She said: "I am gutted, I went to Strasbourg to argue my case on human rights issues because the judges are quite family orientated." "I thought I would be successful but I was wrong. "However, I am still as determined as ever to try for a child of my own using my stored embryos."

Ms Evans, of Bowmans Court, Melksham, was diagnosed with ovarian cancer in September 2001, and her ovaries were removed. Six embryos, fertilised by her then partner Howard Johnston's sperm, were frozen but when the couple split up Mr Johnston withdrew his consent for their use.

In July 2002 Mr Johnston requested that the embryos be destroyed because his relationship with Ms Evans had broken down.

"I was shocked and angry about what Howard did. "Even when we split up we discussed what would happen, and at first he did not want the embryos destroyed," she said. "He then went to the clinic behind my back and asked for that to be done."

To prevent this happening, Ms Evans applied to the High Court, arguing her ex-partner consented to their creation, storage and use, and should not be allowed to change his mind.

Her case was dismissed both by the High Court, and the Court of Appeal, as well as the last legal resort in the UK, the House of Lords.

After being dismissed by the courts in Britain Ms Evans took her case to Strasbourg, but the judges at the European Court of Human Rights backed the British law requiring both partners' approval at every stage of the process.

Despite this ruling, Ms Evans insists she will continue the fight. "I have been advised that I can ask for the Grand Chamber of the European Court to consider my case and I intend to do that," she said.

"Another doorway has been opened to pursue the case and I will seek every avenue I can. "I would still prefer not to have to use the courts. Howard may feel it is too late for him to change his mind but it is not. Howard, please think about it."

Mr Johnston welcomed this latest legal decision and said common sense had prevailed, but that he did not see it as a victory.

He said: "The key thing for me was just to be able to decide when and if I start a family. That has been the basis of it." Under British law the embryos are due to be destroyed in October this year.