METRO FREE Wednesday, December 16, 2009 HELP METRO HELP THE ENVIRONMENT. RECYCLE THIS NEWSPAPER TODAY INSIDE TODAY See Page 14 See Page 16 Former Page 3 girl Sam Fox talks to Metro PLUS Whats on TV tonight Pages 16-17 LOVE LINDOR, LOVE MINK Win a luxurious Lindor hamper and Mink Hand and Foot spa White Chocolate and Cranberry pedicure voucher. see page 3 for details LINDOR Rapper 50 Cent digs chance to be Santa Claus BY CON DOHERTY Mother loses embryo battle Appeal rejected: Mary Roche outside the court yesterday after the ruling; inset, Thomas Roche A SEPARATED mother of two yesterday lost her legal battle against her estranged husband to use their frozen embryos against his wishes, as the Su- preme Court warned of serious concerns over the failure of the State to regulate fertility treatment. The court ruled no agreement had been made be- tween Thomas and Mary Roche for her to be im- planted with three unused embryos. All five judges agreed frozen embryos do not have a right to life, as the right to life for the unborn be- gins after implantation of a foetus or a fertilised egg. Mrs Roche, 43, said she respected the Supreme Courts decision. I acted as any mother would do to defend the interests of my unborn embryos, she said through her solicitor in a statement. The judges said it was disturbing that no legisla- tion on assisted reproduction had been formulated four years after an Oireachtas committee received recommendations for regulation in the area. The south Dublin couple had a baby girl through IVF in 2002 and three of six embryos were left in storage at the Sims clinic in Rathgar, Dublin. Three years ago, Mrs Roche lost a High Court challenge claiming the Constitution protected the right to life of the unborn embryos. In her ruling, Justice Susan Denham said she was satisfied documents signed by the couple in January 2002 gave consent to the medical procedures but did not agree to the later implantation of the embryos. She said she considered the facts that the couple already have two children, that they are now sepa- rated and that Mr Roche does not wish to have fur- ther children with his estranged wife, as relevant. Dr Mary Wingfield of the Merrion Fertility Clinic said clinics involved in fertility treatments were working in a vacuum legally. But one of the authors of the 2005 report by the Commission on Assisted Human Reproduction, Dr Deirdre Madden, said yesterdays ruling offers some clarity to clinics and couples. Pro-life Prof William Binchy said the judgment means unborn human beings in their earliest stage now have no Constitutional protection. index.html2.html3.html4.html5.html6.html7.html8.html9.html10.html11.html12.html13.html14.html15.html16.html17.html18.html19.html20.html21.html22.html23.html