Roche v. Roche, Sims Clinic Ltd., and the Attorney General

The issue in this case was whether embryos, having been frozen and stored in a clinic, are “unborn” and thus protected by the right to life under Article 40.3.3 of the Constitution of Ireland. The applicant-wife brought this suit against her husband, the respondent. The applicant had in vitro fertilization treatment ("IVF") and six embryos resulted. Three of the embryos were implanted successfully in the applicant’s uterus and she became pregnant. The remaining three embryos, at issue in the case, were frozen and placed in storage with a clinic. The applicant and her husband separated, after which the applicant requested that the three frozen embryos be released to her to have them implanted. The clinic refused to release them absent consent from the respondent which he refused to provide. The applicant brought the court proceedings to obtain the embryos on constitutional and contractual grounds. The High Court dismissed the case and the appellant appealed to the Supreme Court. A majority of the Supreme Court held that an embryo is not “unborn” for the purposes of Irish Constitutional law, and that there was no consequential (enforceable) right for the embryos to be released and implanted; Article 40.3.3 only applied after implantation.