Roche v Roche [2010] 2 IR 321: [2009] IESC 82 is an Irish Supreme Court case which affirmed the High Court decision that frozen embryos did not constitute the “unborn” within the meaning of Article 40.3.3 of the Irish Constitution. The spirit of the Supreme Court's judgement was that frozen embryos were not extended the same right to life as given to embryos protected in the womb. With an increase in IVF (in vitro fertilisation) among couples, legal issues arise when the couple decide to separate or divorce.[1] This is a landmark case as it gave a judgement on such a circumstance where a couple has separated but there are surplus embryos frozen at a clinic. The Court made its decision by ultimately taking into account the right to reproduce.
Roche v Roche
Coat of arms of Ireland
Court
Supreme Court of Ireland
Full case name
Mary Roche, Plaintiff v Thomas Roche, Anthony Walsh, David Walsh and Sims Clinic Limited, Defendants; The Attorney General, Notice Party
Decided
15 December 2009
Citation(s)
Roche v Roche [2010] 2 IR 321: [2009] IESC 8
Case history
Appealed from
High Court
Appealed to
Supreme Court
Court membership
Judge(s) sitting
McGovern J in the High Court and Murray CJ Denham Hardiman Geoghegan Fennelly JJ in the Supreme Court
Case opinions
A frozen embryo is not considered "unborn" in terms of the Irish Constitution
Keywords
Constitution
Personal Rights
Right to Life
Unborn
Right to Travel
Abortion
Suicide
Injunction
^Mulligan, Andrea (2011). "FROZEN EMBRYO DISPOSITION IN IRELAND AFTER ROCHE v ROCHE". Irish Jurist (1966-). 46: 202–210. ISSN 0021-1273. JSTOR 44027094.
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