The State is facing a legal bill estimated at up to €2 million after the High Court yesterday ordered it to pay the legal costs of the husband and wife at the centre of the case involving three frozen embryos stored at a Dublin fertility clinic.
Mr Justice Brian McGovern said his decision that the State should pay the legal costs of the couple at the centre of the dispute was based on the fact that the case raised points of constitutional law of exceptional public importance and because of the absence of a legislative or regulatory regime for IVF treatment here.
In his judgment last week finding against the woman's claim that she was entitled to have the embryos implanted in her with a view to becoming pregnant, the judge had criticised the absence of regulation of IVF.
The woman is expected to announce later this week whether she intends to appeal to the Supreme Court against the judge's decision that the embryos are not "unborn" within the meaning of the constitutional provision requiring the State to vindicate the right to life of the "unborn" and therefore do not attract constitutional protection.
The judge had expressed the view that, when the people approved that provision after referendum in 1983, their understanding of "unborn" related to a foetus in the womb.
Yesterday, when dealing with the costs issue, the judge said the couple had suffered enough trauma arising out of their separation and dispute over the embryos, which remain in indefinite storage. He said he was not going to add to that trauma by making an order for costs against the woman.
The case ran for more than 15 days in the High Court, involving more than six senior counsel daily, along with junior counsel, and expert witnesses from Ireland and abroad. It is estimated the costs of the action could be between €1.5 million and €2 million.
The judge said the couple were entitled to their costs against the Attorney General, a notice party in the proceedings, who will also have to bear his own costs. He made no order in relation to the costs of the Sims clinic or its doctors, meaning they will have to pay their own costs. The clinic and doctors did not play an active part in the case and had said they would abide by any ruling the court made. Their costs are not likely to be significant.