The continued refusal of a fertility specialist at the Galway Clinic to help unmarried couples conceive could spark a constitutional legal battle after the Medical Council dismissed a professional misconduct charge against him. The Irish Catholic newspaper reports that Dr Phil Boyle of the Fertility Care Clinic in Galway was summoned before the Medical Council’s Fitness to Practice Committee (FPC) last week after a complaint was lodged that he would not treat an unmarried couple for infertility or refer them on to a another doctor.
It is reported that he was acquitted of the professional misconduct charge on a technicality after the committee accepted that the couple had not become his patient and that he had not been given an opportunity to refer them on.
The couple is thought to be considering whether to take a case to the Equality Authority on the grounds that Dr Boyle is in breach of the Equal Status Act, which outlaws "discrimination" in the provision of goods and services on the grounds of marital status.
This could see the matter going to the Supreme Court as the legislation makes no provision for freedom of religion and conscience, both of which are recognised as rights by Article 44 of the Irish Constitution. The clinic has staunchly defended its decision not to accept unmarried couples for its NaPro Technology fertility treatment.
When their controversial stance was publicised two years ago, Dr Boyle released a statement in which he cited a UK study that found children born to an unmarried couple have a 25% chance of seeing their parents separate by the age of 5 compared to just 10% of children who are born to married parents.
“Our treatment seeks what is best for prospective parents and the children they may conceive as a result of participating in our programme,” he stated.
“We accept that a legally binding marriage is not a guarantee that any couple will stay together, but it is the best guarantee we can get to secure this end…we feel obliged to do what we can, so that any child conceived with the help of our clinic is given the best chance to grow up in a stable family unit.
The Iona Institute, which promotes the place of marriage and religion in society, condemned the Medical Council’s treatment of the doctor and described the professional misconduct charge as “simply grotesque”.
“The Medical Council must recognise his right to follow his conscience in this regard,” said Dr John Murray.+++++++++++++++++++++++++++++++++++++++++++++
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