Roche v Roche [2010] 2 IR 321: [2009] IESC 82 is an Irish Supreme Court case which affirmed the High Court decision that frozen embryos did not constitute the “unborn” within the meaning of Article 40.3.3 of the Irish Constitution. The spirit of the Supreme Court's judgement was that frozen embryos were not extended the same right to life as given to embryos protected in the womb. With an increase in IVF (in vitro fertilisation) among couples, legal issues arise when the couple decide to separate or divorce. This is a landmark case as it gave a judgement on such a circumstance where a couple has separated but there are surplus embryos frozen at a clinic. The Court made its decision by ultimately taking into account the right to reproduce.
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