Sense of a case just beginning, not ending

There was a sense of a case just beginning, rather than ending, when Mr Justice Brian McGovern gave his preliminary ruling in the R versus R frozen embryos case at the High Court yesterday.

The estranged husband and wife looked downwards as they sat one chair apart at the back of the courtroom, listening to the judgment.

Four years earlier, the Dublin couple were married and were trying for a second baby. They attended the Sims Fertility Clinic in Rathgar to undergo IVF treatment and were successful, with a baby girl born that October.

The couple have since separated but three surplus frozen embryos remain in storage at the clinic. Mr Justice McGovern's ruling yesterday hinged on whether Mr R, aged 44, had given his consent for the future implantation of these embryos.

Mrs R, aged 41, is anxious to have more children and had told the court that her former husband was the legal father of the frozen embryos and had signed a contract to say he would take full responsibility for the outcome of the IVF treatment.

But he told the court that he did not want to have more children with his former wife and said they never made an agreement about the future use of the frozen embryos.

There was no show of victory from Mr R yesterday as Mr Justice McGovern ruled that he had not given his express or implied consent for the implantation for the remaining embryos.

Mrs R also remained impassive as the judge outlined the next step in the landmark case, which resumes tomorrow.

Afterwards, Mr and Mrs R left the court separately without commenting to the waiting media.

Meanwhile, the Pro Life Campaign said it was confident the right to life would be vindicated in this case. "Whether or not the human embryo is transferred into the mother, it has a dignity and value by virtue of its humanity," Dr Berry Kiely said. "The court has a duty to adhere to these basic principles when deciding the case."

The Irish Fertility Society, which represents medical and administrative staff working in the area of infertility treatment, said it felt "very strongly that fertility treatment should only be carried out with the valid and informed consent of all parties involved.

"Each episode of treatment requires the consent of all parties involved and this consent may be revoked by any party should their circumstances change," Edgar Mocanu, honorary secretary, said. This was the current practice in Irish clinics and clinics abroad and had been well tested in law internationally.

"We cannot accept that either partner should be coerced into any fertility treatment, even if he or she has already had treatment which has led to the creation of embryos," he added.

Minister for Justice Michael McDowell said he could not yet say if the fertility treatment area needed greater regulation to prevent such cases arising.

"Let's see when the case is concluded whether there is a need for legislation and let's see whether this needs to be regulated rather than left to people's own private decisions," he said.