Monday, May 14, 2007

Ireland Couple Battle Over Use of Frozen Embryos

A couple in Ireland are presently battling for control over three frozen embryos they conceived via IVF in 2001, according to lifesitenews.com. The couple did successfully have one child as a result of the IVF procedure. However, the couple are now at odds over who will control the remaining embryos frozen with the consent of both parents. The woman wants to have the three frozen embryos thawed and implanted even though her husband has withdrawn his consent. In Ireland, the clinic cannot release the embryos unless both parents consent.

Based on the article, "Ireland’s constitution currently guarantees the right to life of the unborn child." Therefore, "the Irish court may have to rule on whether or not an embryo is guaranteed the same right to life as an unborn child. Ireland has no legislation in place to govern human infertility treatments. IVF clinics are guided by the Medical Council’s code of ethics."

The legal rights of patients to control the use, transfer and disposition of cryopreserved genetic materials, which has been litigated in recent years in divorce and other cases, should be clearly stated in writing or in a written contract. Obvioulsy, there are a growing number of court decisions and on-going medical developments such as cryopreservation of gametes and embryos, in vitro fertilization, embryo transfer, and intracytoplasmic sperm injection that make it necessary for some type of legislation on assisted reproduction technology to be implemented in the United States.

For more information, please see the article on the couple disputing the disposition of their frozen embryos posted on www.lifesite.net.

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