The State's arguments in a Supreme Court case about the rights of the unborn have been described as 'extreme'.

Lawyers for the state yesterday told the court the unborn have no rights in the Constitution beyond the right to life.

The seven-judge Supreme Court has been hearing from representatives seeking to uphold the High Court decision on the rights of the unborn.

Senior Counsel Maurice Collins is arguing that the unborn have extensive rights under the Constitution.

He's centering his case around the right of the unborn to have the care and comfort of both parents.

Ms Justice Iseult O'Malley questioned how that can be right if the parents want nothing to do with each other or one of them walks off - which would in theory then breach the right of the unborn in this scenario.

This case centres around a Nigerian man who was appealing his deportation on the grounds that his child was about to be born, and the child would be an Irish citizen with full constitutional rights.

If the Supreme Court upholds the High Court decision, it may have implications for the planned abortion referendum. 

The position of the state is the unborn has no rights under the Constitution except the right to life, a position Senior Counsel Collins described as 'extreme'

More evidence will be heard this afternoon.