Bid to have landmark embryo case appeal heard before Christmas

The woman who two years ago lost a High Court action aimed at having three embryos implanted in her uterus with a view to becoming pregnant against the wishes of her estranged husband has asked the Supreme Court to hear her appeal as soon as possible.

Today Mr Gerard Hogan SC for Mary Roche told the Chief Justice Mr John Murray that his client was seeking an early hearing date for medical and scientific reasons.

The nature of those reasons was not disclosed to the court.

In response the Chief Justice said that he would try and find an available date to hear the case in December, or in January, however he noted that Supreme Court's list for the rest of the current legal term is quite full.

The three embryos, created after IVF treatment undertaken by Mrs Roche from Dublin and her estranged husband Thomas, remain in frozen storage in the SIMS fertility clinic in Rathgar, Dublin.

In his judgment in November 2006 dismissing the woman's case, Mr Justice Brian McGovern ruled that the embryos are not "unborn" within the meaning of Article 40.3.3 of the Constitution - the 'right to life' amendment inserted after a referendum in 1983 - and therefore do not attract the constitutional protection for the unborn set out in that amendment.