Court says widow can use dead husbands sperm
2011-05-25 0:00

From: France24.com


An Australian woman on Monday won a court battle to use her dead husbands sperm to have a baby in a landmark case in New South Wales, where IVF treatment is banned without consent of the donor.

Jocelyn Edwards, 40, and husband Mark had discussed fertility treatment after she failed to fall pregnant and they were due to sign in-vitro fertilisation (IVF) consent forms on August 6 last year.

However, the husband died in a workplace accident the day before.

His sperm was collected after his death and his widow has been fighting since then to win control over it.


File photo shows a lab technician at a fertility clinic.

New South Wales Supreme Court Justice Robert Hulme said there was only two conclusions he could reach -- either destroy the sperm or give it to Edwards, and he found in her favour as the administrator of her late husbands estate.

However, she cannot have the sperm inseminated in New South Wales, where IVF is banned without the donors consent. Instead, she must go elsewhere.

"Its the right decision. Mark would be so happy, were going to have our baby. Thats what I plan to do," Edwards told reporters outside the court.

"I just want to get past today, enjoy the moment. Its been a long, long, long, difficult time," she added.


Article from: france24.com




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