A Queensland woman has won the right to use her dead boyfriend’s sperm to have children.
Brisbane Supreme Court justice Sue Brown handed down her landmark decision on Wednesday.
She determined Ayla Cresswell should be able to use Joshua Davies’ reproductive tissue but said it was up to the particular medical clinic to decide if it was satisfied to go ahead with the procedure.
Justice Brown also ruled Ms Cresswell was the only person entitled to use the sperm.
The young woman had been in a relationship with Mr Davies for about three years when he took his own life in August 2016.
The pair were planning to get married and have children.
Following his death and with the support of Mr Davies’ family, Ms Cresswell sought an urgent court order to remove his sperm.
She has been paying for its storage ever since, while she awaited the outcome of Wednesday’s ruling.
Justice Brown said she agreed with submissions made on behalf of Ms Cresswell that the way in which the sperm was removed meant it was capable of being classed as property.
She further went onto say she was satisfied the doctors who removed Mr Davies’ reproductive tissue did so on behalf of Ms Cresswell and that as a result she was entitled to possess it.
Ms Cresswell did not comment outside court but her barrister Kathryn McMillan QC said she was relieved.
Top Comments
Nope, nope nope. This man could not consent to this, given he is dead. Fair enough if she had something in his will stating these were his final wishes, but I find this to be pretty revolting. And a person's reproductive material should never be regarded as the property of another.
A little bit of info on this. I am in Melbourne, and we had IVF to create & freeze embryos. We had mandatory counselling beforehand and we each had to say and sign off on admin regarding what would happen to our gametes (eggs/sperm) and embryos if one of us were to die. I.e. could we use / access it or not. I imagine this is to make it clear cut and avoid these very situations.
But as I understand it this couple didn't do any assisted reproduction. It was all her idea and actions after he died. So I fully agree with you.
And, although very he died young and his family suffered, she is not around 40 and at the last years of fertility. That situation I would understand the urge.
This is a very young woman who has every likelihood of meeting a new partner well within her reproductive years.
She isn’t a Brisbane woman. Toowoomba. Great outcome.