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Court Grants Widow Right to Use Dead Husband's Sperm

For most new parents, having a child is one of the most special times of their lives. However, for one woman in South Australia, starting a family was more challenging than it may have been for some - she had to receive a Justice's permission to do so.

This woman, in South Australia, was married to her husband for nine years. He sadly passed away when a car hit the motorcycle that he rode in March 2011. After her husband passed away, the woman ensured that his sperm was frozen. She then applied to the Court to use the sperm for IVF treatment to conceive a child.

Justice Tom Gray of the Supreme Court of South Australia decided in late 2013 that the 30 year old woman could use her deceased husband's sperm to start a family. His Honour stated that as a result of the written evidence provided to him that he believed that the couple had a genuine desire to start a family. He also stated that "the woman appears to have given much thought to the realities of being a single parent and to the process of in-vitro fertilisation."

This case sets a precedent in this area in South Australia. For more information about this case, see: adelaidenow.com.au

Another interesting article about posthumous sperm donation is found here: theaustralian.com.au

A similar decision to the South Australian decision was made in New South Wales in 2011. Posthumous sperm donation has not been permitted in Western Australia to date.

If you or someone you know requires legal assistance in respect of sperm donation, please contact CMS Legal Family Lawyers.

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