The woman who lost her fight against her estranged husband for the use of three frozen embryos is to take her case to the Supreme Court, it was confirmed today.
The High Court ruled the husband, who split from his wife after having an affair, did not give his consent for the eggs to be used in the event of their marriage breaking up.
The wife (41) has been seeking to use the three frozen embryos stored in the Sims Fertility Clinic in Rathgar in Dublin.
Alan Daveron, solicitor for the wife, said she had been advised she had grounds for appeal and would be taking the case to the Supreme Court.
"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," he said outside the Four Courts.
"She is nevertheless determined to appeal so that this issue may finally be determined in the interests of her family and indeed, in the wide public interest.
"Whilst she has been advised that she has grounds of appeal, she does not propose to say anything further until after the Supreme Court decision." Mr Daveron said it was now up to the Supreme Court to schedule the date of the appeal.
Mr Daveron added that the woman was "deeply disappointed" the State has cross appealed against the High Court's decision that it should pay all the costs of the case, estimated at between €1.5 and €2 million.
Mr Justice Brian McGovern, when making the costs ruling, said he was doing so because the case raised constitutional issues of exceptional public importance and because of the absence of a regulatory framework here for IVF treatment.
In a landmark decision, the High Court ruled in November that frozen embryos do not have a right to life. Mr Justice McGovern found the term unborn only referred to a foetus or a fertilised egg implanted in the womb. He said it was not the role of the courts to decide when life begins.