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


An Australian woman on Monday won a court battle to use her dead husbandís 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 husbandís estate.

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

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

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

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