A legal action by a mother of two, aimed at having returned to her three embryos in frozen storage in a Dublin fertility clinic, has been adjourned to October.
Evidence in the action has effectively concluded, with the exception of that of one witness, Prof Gunter Rager, a Swiss embryologist who gave evidence for the woman in the case last week.
Because his cross-examination had not finished when he had to return to Switzerland on Wednesday last due to work commitments, the remainder of Prof Rager's testimony will be given via video link on October 5th.
Mr Justice Brian McGovern yesterday ruled out the possibility of taking evidence on commission in Switzerland, saying it would be too costly.
The judge has already heard six days of evidence from a number of experts, primarily relating to the issue of when individual human life begins.
When the case comes back to the High Court in the new law term in October, the judge will also hear lengthy legal submissions before giving judgment.
The action has been brought by the woman (41) for an order directing the return of the embryos to her and restraining their destruction. The embryos are in storage at the Sims clinic, Rathgar, Dublin, and were left over after the woman and her now estranged husband underwent fertility treatment at the Sims clinic in early 2002, which treatment resulted in the birth of their second child.
The woman's 44-year-old husband has objected to the return of the embryos to his wife and has said he wants no more children. The woman contends the embryos have a right to life and are her "children".
She has also argued that her husband would be legally and financially responsible for any children born to her should she win the action. In his direct evidence, Prof Rager has described an embryo as a "dynamic self-organising system" and a "new human being" from the point of fertilisation. Other experts have argued that individual human life begins when an embryo is implanted in the uterus.
The professor will now face further cross-examination by video link from Zurich.
Yesterday Mr Justice McGovern said that although taking evidence by video link was not ideal, it was not so imperfect as to be unworkable. He said he would like to keep continuity and bring the matter to finality.