By Gudrun Schultz
DUBLIN, Ireland, March 14, 2006 (LifeSiteNews.com) – An estranged couple have taken their battle for control of three frozen babies to Ireland’s High Court.
The embryos were conceived during IVF treatments in 2001. The couple had a baby after those treatments, and three surplus embryos were stored for future use, with both parents signing a joint-consent form.
She wants to have the embryos thawed and implanted, so she can have more children. Her ex-husband, who is understood to be in a new relationship, will not give his consent.
The Sims clinic in Rathgar, where they are stored, cannot release the embryos to one or the other of the parents. Both must give consent.
In a similar case last week, the European Court of Human Rights ruled against Natalie Evans from Britain, who was fighting a legal battle to use her frozen embryos without the permission of her ex-partner Howard Johnston. The EU court ruled that Ms. Evans’ right to a family life did not override Mr. Johnston’s right to refuse consent.
Ireland’s constitution guarantees the right to life of the unborn child. That factor makes the Irish case unique, legal experts told the Times. An Irish court may soon have to rule on whether or not an embryo is guaranteed the same right to life as an unborn child. The case is expected to reach the Supreme Court eventually.
Ireland has no legislation in place to govern human infertility treatments. IVF clinics are guided by the Medical Council’s code of ethics.
EU Court Denies Woman Her Frozen Embryos After Ex-Fiancé Refuses Permission
https://www.lifesitenews.com/ldn/2006/mar/06030702.html