An English woman has succeeded in a landmark ruling preventing her dead husband’s sperm from being destroyed.
Prior to commencing cancer treatment, Beth Warren’s husband signed the necessary paperwork that would allow for his sperm to be used by his wife posthumously. However the regulations meant that the sperm had to be destroyed by April 2015.
The Human Fertilisation and Embryology Authority, the UK regulator, said that the sperm could not be stored beyond April 2015, which led Mrs Warren to take the matter to court. The law requires consent for sperm to be stored to be renewed periodically, however after Mr Warren’s death that was no longer possible.
In her judgement, Mrs Justice Hogg said: “The evidence indicates that both Mr Brewer and his wife were in agreement. He wanted her to have the opportunity to have his child, if she wanted, after his death.”
The judge ruled that it was “right and proper and proportionate” that the sperm be stored until 2023.
The HFEA has announced plans to appeal the decision.
The judgment is available here.