R -v- R & Ors [2006] IEHC 221 (18 July 2006)

R -v- R & Ors [2006] IEHC 221 (18 July 2006)

There was no express or implied agreement between the plaintiff and the first defendant regarding the implantation of the frozen embryos in the circumstances that have arisen, and the first defendant has not entered into an agreement requiring him to consent to such implantation.

Source-derived case information.

Citation
[2006] IEHC 221
Parties
Plaintiff: M. R.; First Defendant: T. R.; Second Defendant: Dr. Anthony Walsh sitting as Sims Fertility Clinic Dublin; Third Defendant: Dr. David Walsh trading as Sims Fertility Clinic Dublin; Notice Party: The Attorney General
Jurisdiction
Ireland
Judgment Date
18 July 2006
Procedural Posture
Civil / High Court Judgment on Preliminary Issue
Outcome
Plaintiff's claim for implantation of frozen embryos dismissed on this preliminary issue
Legal Topics
IVF and Assisted Reproduction, Consent in Medical Treatment, Disposition of Embryos, Implied Terms in Contract
Family Law Contract Law Medical Law IVF and Assisted Reproduction Consent in Medical Treatment Disposition of Embryos Implied Terms in Contract

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Parties

M. R.

Plaintiff

T. R.

First Defendant

Dr. Anthony Walsh sitting as Sims Fertility Clinic Dublin

Second Defendant

Dr. David Walsh trading as Sims Fertility Clinic Dublin

Third Defendant

The Attorney General

Notice Party

Procedural Posture

Civil / High Court Judgment on Preliminary Issue

Legal Issues

  1. 1 Whether there was an express or implied agreement between the plaintiff and first defendant regarding the implantation of frozen embryos after marital separation
  2. 2 Whether the first defendant's consent is required for implantation of frozen embryos

Ratio Decidendi

There was no express or implied agreement between the plaintiff and the first defendant regarding the implantation of the frozen embryos in the circumstances that have arisen, and the first defendant has not entered into an agreement requiring him to consent to such implantation.

Court Disposition

Plaintiff's claim for implantation of frozen embryos dismissed on this preliminary issue