Woman set to appeal embryo ruling

A woman who lost her legal action to have three embryos implanted in her against the wishes of her estranged husband is to appeal her case to the Supreme Court.

It has also emerged that the State is appealing last month's decision by the High Court that it should bear the costs of the woman's action, estimated at up to €2 million.

The woman's solicitor, Alan Daveron, said yesterday she was appealing the case in the interests of her family and the wider public interest. He said she was "deeply disappointed" that the State has cross-appealed on the costs issue.

"My client states that it is never easy to lose litigation, especially litigation which concerns the fundamental issues at stake in this case, presenting uniquely difficult questions of law, medicine and science."

Mr Daveron said the woman, who cannot be named for legal reasons, had been advised she had grounds for appeal. However, she would not comment further until after the Supreme Court issues its judgment.

The decision means that spare embryos created after IVF treatment undertaken by the woman in 2002 will remain in frozen storage at the Sims Fertility Clinic in Dublin until the legal process is exhausted.

In a landmark judgment, the High Court last month declared that frozen embryos do not have the same constitutional right to life as those carried in the womb.

The decision by Mr Justice Brian McGovern is expected to lead to new legislation to govern human fertility treatment, though not until after next year's elections.

In his ruling, the judge found that the embryos were not "unborn" within the meaning of Article 40.3.3 of the Constitution - the right to life amendment inserted after a 1983 referendum - and therefore do not have constitutional protection for the unborn as set out in that amendment.

The three embryos were among a number created during fertility treatment undertaken by the woman and her husband at the Sims clinic, as a result of which one of their two children was born in late 2002. Their first child was born naturally in 1997.

The clinic had said it would not return the embryos to the woman without the consent of her husband, which he refused to give.