A woman has lost a High Court battle to have frozen embyos implanted in her womb against the will of her estranged husband.
The woman claimed the embryos, created using in vitro fertilisation technology, should have been afforded the protection given to the unborn under the Constitution.
However, the High Court decided today that the three frozen embryos are not "unborn" as defined under the Constitution and it is a matter for the Oireachtas to decide on their legal status. Article 40.3.3 of the Constitution states acknowledges the right to life of the unborn "with due regard to the equal right to life of the mother".
But in a 26-page High Court ruling delivered this morning Mr Justice Brian McGovern said that three frozen embryos are "not 'unborn' with the meaning of Article 40.3.3 and it is a matter for the Oireachtas to decide what steps should be taken to establish the legal status of embryos in vitro".
"Laws should, and generally do, reflect society's values and will be influenced by them. But, at the end of the day, it is the duty of the courts to implement and apply the law, not morality," the judge said.
"Until the law or the Constitution is changed, this issue remains within the sphere of ethics and morality."
The ruling comes as an estranged Dublin couple battle over the use of three frozen embryos stored in the Sims Fertility Clinic, Rathgar.
The High Court has already ruled the estranged husband did not give his consent for the eggs to be used in the event of their marriage breaking up.
Today's ruling is the second stage of the case, with the judge asked to consider public and constitutional law issues.
Archbishop of Dublin Diarmuid Martin has said he is seriously concerned by today's High Court ruling against a woman who tried to have frozen embyos implanted in her womb against the will of her estranged husband.
The Archbishop said the court's ruling that the three frozen embryos are not "unborn" as defined under the Constitution "cast doubt on what rules were in place to protect life".
The Pro-Life Campaign said it was "confident the Supreme Court will vindicate the rights of the human embryo if the judgement is appealed."
The Labour Party welcomed the clarity that the High Court decision on the frozen embryo case has brought, although it insists that the Government must now produce legislation for assisted reproduction clinics.
