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

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 publ...

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Detalles Bibliográficos
Autores principales: Sills, Eric Scott, Murphy, Sarah Ellen
Formato: Texto
Lenguaje:English
Publicado: BioMed Central 2009
Materias:
Acceso en línea:https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2714322/
https://www.ncbi.nlm.nih.gov/pubmed/19589140
http://dx.doi.org/10.1186/1747-5341-4-8
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author Sills, Eric Scott
Murphy, Sarah Ellen
author_facet Sills, Eric Scott
Murphy, Sarah Ellen
author_sort Sills, Eric Scott
collection PubMed
description 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.
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spelling pubmed-27143222009-07-23 Determining the status of non-transferred embryos in Ireland: a conspectus of case law and implications for clinical IVF practice Sills, Eric Scott Murphy, Sarah Ellen Philos Ethics Humanit Med Commentary 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. BioMed Central 2009-07-09 /pmc/articles/PMC2714322/ /pubmed/19589140 http://dx.doi.org/10.1186/1747-5341-4-8 Text en Copyright © 2009 Sills and Murphy; licensee BioMed Central Ltd. http://creativecommons.org/licenses/by/2.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution License ( (http://creativecommons.org/licenses/by/2.0) ), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
spellingShingle Commentary
Sills, Eric Scott
Murphy, Sarah Ellen
Determining the status of non-transferred embryos in Ireland: a conspectus of case law and implications for clinical IVF practice
title Determining the status of non-transferred embryos in Ireland: a conspectus of case law and implications for clinical IVF practice
title_full Determining the status of non-transferred embryos in Ireland: a conspectus of case law and implications for clinical IVF practice
title_fullStr Determining the status of non-transferred embryos in Ireland: a conspectus of case law and implications for clinical IVF practice
title_full_unstemmed Determining the status of non-transferred embryos in Ireland: a conspectus of case law and implications for clinical IVF practice
title_short Determining the status of non-transferred embryos in Ireland: a conspectus of case law and implications for clinical IVF practice
title_sort determining the status of non-transferred embryos in ireland: a conspectus of case law and implications for clinical ivf practice
topic Commentary
url https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2714322/
https://www.ncbi.nlm.nih.gov/pubmed/19589140
http://dx.doi.org/10.1186/1747-5341-4-8
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