Determining the status of non-transferred embryos in Ireland: a conspectus of case law and implications for clinical IVF practice.

Hdl Handle:
http://hdl.handle.net/10147/94201
Title:
Determining the status of non-transferred embryos in Ireland: a conspectus of case law and implications for clinical IVF practice.
Authors:
Sills, Eric Scott; Murphy, Sarah Ellen
Affiliation:
Division of Reproductive Endocrinology and Infertility, Department of Obstetrics & Gynaecology, School of Medicine, Royal College of Surgeons in Ireland, Dublin, Ireland. drscottsills@sims.ie
Citation:
Determining the status of non-transferred embryos in Ireland: a conspectus of case law and implications for clinical IVF practice. 2009, 4:8notPhilos Ethics Humanit Med
Journal:
Philosophy, ethics, and humanities in medicine : PEHM
Issue Date:
2009
URI:
http://hdl.handle.net/10147/94201
DOI:
10.1186/1747-5341-4-8
PubMed ID:
19589140
Abstract:
The development of in vitro fertilisation (IVF) as a treatment for human infertilty was among the most controversial medical achievements of the modern era. In Ireland, the fate and status of supranumary (non-transferred) embryos derived from IVF brings challenges both for clinical practice and public health policy because there is no judicial or legislative framework in place to address the medical, scientific, or ethical uncertainties. Complex legal issues exist regarding informed consent and ownership of embryos, particularly the use of non-transferred embryos if a couple separates or divorces. But since case law is only beginning to emerge from outside Ireland and because legislation on IVF and human embryo status is entirely absent here, this matter is poised to raise contractual, constitutional and property law issues at the highest level. Our analysis examines this medico-legal challenge in an Irish context, and summarises key decisions on this issue rendered from other jurisdictions. The contractual issues raised by the Roche case regarding informed consent and the implications the initial judgment may have for future disputes over embryos are also discussed. Our research also considers a putative Constitutional 'right to procreate' and the implications EU law may have for an Irish case concerning the fate of frozen embryos. Since current Medical Council guidelines are insufficient to ensure appropriate regulation of the advanced reproductive technologies in Ireland, the report of the Commission on Assisted Human Reproduction is most likely to influence embryo custody disputes. Public policy requires the establishment and implementation of a more comprehensive legislative framework within which assisted reproductive medical services are offered.
Language:
en
MeSH:
Embryo Disposition; Fertilization in Vitro; Humans; Ireland; Physician's Practice Patterns
ISSN:
1747-5341

Full metadata record

DC FieldValue Language
dc.contributor.authorSills, Eric Scotten
dc.contributor.authorMurphy, Sarah Ellenen
dc.date.accessioned2010-03-12T15:37:59Z-
dc.date.available2010-03-12T15:37:59Z-
dc.date.issued2009-
dc.identifier.citationDetermining the status of non-transferred embryos in Ireland: a conspectus of case law and implications for clinical IVF practice. 2009, 4:8notPhilos Ethics Humanit Meden
dc.identifier.issn1747-5341-
dc.identifier.pmid19589140-
dc.identifier.doi10.1186/1747-5341-4-8-
dc.identifier.urihttp://hdl.handle.net/10147/94201-
dc.description.abstractThe development of in vitro fertilisation (IVF) as a treatment for human infertilty was among the most controversial medical achievements of the modern era. In Ireland, the fate and status of supranumary (non-transferred) embryos derived from IVF brings challenges both for clinical practice and public health policy because there is no judicial or legislative framework in place to address the medical, scientific, or ethical uncertainties. Complex legal issues exist regarding informed consent and ownership of embryos, particularly the use of non-transferred embryos if a couple separates or divorces. But since case law is only beginning to emerge from outside Ireland and because legislation on IVF and human embryo status is entirely absent here, this matter is poised to raise contractual, constitutional and property law issues at the highest level. Our analysis examines this medico-legal challenge in an Irish context, and summarises key decisions on this issue rendered from other jurisdictions. The contractual issues raised by the Roche case regarding informed consent and the implications the initial judgment may have for future disputes over embryos are also discussed. Our research also considers a putative Constitutional 'right to procreate' and the implications EU law may have for an Irish case concerning the fate of frozen embryos. Since current Medical Council guidelines are insufficient to ensure appropriate regulation of the advanced reproductive technologies in Ireland, the report of the Commission on Assisted Human Reproduction is most likely to influence embryo custody disputes. Public policy requires the establishment and implementation of a more comprehensive legislative framework within which assisted reproductive medical services are offered.-
dc.language.isoenen
dc.subject.meshEmbryo Disposition-
dc.subject.meshFertilization in Vitro-
dc.subject.meshHumans-
dc.subject.meshIreland-
dc.subject.meshPhysician's Practice Patterns-
dc.titleDetermining the status of non-transferred embryos in Ireland: a conspectus of case law and implications for clinical IVF practice.en
dc.contributor.departmentDivision of Reproductive Endocrinology and Infertility, Department of Obstetrics & Gynaecology, School of Medicine, Royal College of Surgeons in Ireland, Dublin, Ireland. drscottsills@sims.ieen
dc.identifier.journalPhilosophy, ethics, and humanities in medicine : PEHMen

Related articles on PubMed

All Items in Lenus, The Irish Health Repository are protected by copyright, with all rights reserved, unless otherwise indicated.