A 62-year-old woman from Australia has won a unique legal case that sought permission to harvest sperm from her deceased husband for the purpose of conceiving their child. This extraordinary case has garnered international headlines.
According to local media reports, the woman filed this unique request in court at the end of last year after her 61-year-old husband passed away. She informed the court that before her husband’s death, they had shared many goals, including the desire to have a child together. Unfortunately, his death occurred before they could fulfill that resolution.
The woman now aims to find a surrogate mother who can carry a pregnancy using the harvested sperm, commonly known as a surrogate mother in English, to give birth to their child.
The body of her husband was taken to Sir Charles Gairdner Hospital. However, the court heard that the woman had to seek an order after the hospital did not immediately appoint a “designated officer” to handle her request for the extraction of sperm from her husband’s body and its preservation for future use, as reported by a news outlet.
The following day, the court listened to the couple – whose names cannot be published for legal reasons – who had two children together. However, tragically, both children died in separate accidents.
Since the loss of their children, the couple had discussed having another child, but a fertility expert had advised the woman that, due to her age, she would not be able to conceive naturally.
Semen analysis of the deceased man revealed that viable sperm was still present.
In granting the request, Judge Fiona Seaward allowed the woman to extract the sperm but prohibited its immediate use, as that would require a separate court order.