MR -v- TR & Ors [2006] IEHC 359 (15 November 2006)

MR -v- TR & Ors [2006] IEHC 359 (15 November 2006)

The term 'unborn' in Article 40.3.3 of the Constitution of Ireland does not include embryos in vitro; it refers to an embryo or foetus within the womb. Therefore, the three frozen embryos at issue are not constitutionally protected as 'unborn' and the plaintiff is not entitled to have them implanted without the first defendant's consent.

Citation
[2006] IEHC 359
Parties
Plaintiff: M. R.; First Defendant: T. R.; Second Defendant: Anthony Walsh; Third Defendant: David Walsh; Fourth Defendant: Sims Clinic Limited; Notice Party: The Attorney General
Jurisdiction
Ireland
Judgment Date
15 November 2006
Procedural Posture
Civil / Final Judgment After Preliminary Issue and Full Hearing
Outcome
Plaintiff's claim dismissed
Legal Topics
Status of Embryos in Vitro, Interpretation of Article 40.3.3 of the Irish Constitution, Consent in Assisted Reproduction, Right to Life of the Unborn, Marital Rights and Separation, Ethical Guidelines in Reproductive Medicine
Constitutional Law Family Law Medical Law Status of Embryos in Vitro Interpretation of Article 40.3.3 of the Irish Constitution Consent in Assisted Reproduction Right to Life of the Unborn Marital Rights and Separation +1 more

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Parties

M. R.

Plaintiff

T. R.

First Defendant

Anthony Walsh

Second Defendant

David Walsh

Third Defendant

Sims Clinic Limited

Fourth Defendant

The Attorney General

Notice Party

Procedural Posture

Civil / Final Judgment After Preliminary Issue and Full Hearing

Legal Issues

  1. 1 Whether frozen embryos are 'unborn' for the purposes of Article 40.3.3 of the Constitution of Ireland
  2. 2 Whether there was an agreement between the plaintiff and first defendant regarding implantation of frozen embryos and if it remains binding after marital separation
  3. 3 Whether the plaintiff is entitled to have the embryos implanted by virtue of constitutional rights

Ratio Decidendi

The term 'unborn' in Article 40.3.3 of the Constitution of Ireland does not include embryos in vitro; it refers to an embryo or foetus within the womb. Therefore, the three frozen embryos at issue are not constitutionally protected as 'unborn' and the plaintiff is not entitled to have them implanted without the first defendant's consent.

Court Disposition

Plaintiff's claim dismissed

Orders

  • Declaration that the three frozen embryos are not 'unborn' within the meaning of Article 40.3.3 of the Constitution
  • No order for implantation or release of embryos without mutual consent