News from Ireland: State argues that embryos created artificially do not have rights

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Family & Life

Embryos Don’t Have Rights of Unborn, State Argues

A human embryo created through a fertility procedure has no legal status in Ireland, is not entitled to Constitutional protection until he or she isin a woman’s womb, and may be legally killed before implantation, lawyers for the State have told the Supreme Court. Donal O’Donnell SC, for the Attorney General, said an embryonic human isn’t an “unborn” person within the meaning of Article 40.3.3 of the Constitution.

Because of this, and in the absence of any regulation of fertility procedures, he asserted, people who undergo fertility procedures that produce embryos may decide what happens to those tiny new humans. Counsel agreed that nothing in Irish law bars the commercial production of embryonic humans, and that that killing them before implantation in a woman’s womb is legal.

The fate of human embryos was for the people and legislature to decide, and he wasn’t speaking for the latter, Mr O’Donnell said.

Mr Justice Adrian Hardiman called counsel’s comments “the clearest statement since 1983” of the State’s position concerning the ambit of Article 40.3.3. He said the legislature had “maintained total silence” on embryonic humans.

Mr O’Donnell agreed that Ireland could enact regulations of fertility procedures without a referendum. He was aware that the 2005 Commission on Assisted Human Reproduction had recommended regulation, but that none existed. Mr O’Donnell was making opening submissions on the third day of the appeal by a separated mother of two against the High Court, which had refused to order a Dublin fertility centre to release three frozen embryos to her so she could become pregnant, against the wishes of her estranged husband.

The appeal hearing will take place sometime later this month. The woman claims the right to have the embryos implanted because of consents that her husband signed in 2002 and the State’s obligation under Article 40.3.3 to protect and vindicate the right to life of the unborn. She contends an embryo is an “unborn” under Article 40.3.3. The Irish Times. February 5.