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Wednesday, June 20, 2018 –
10:36am
An Australian woman has been granted permission to
impregnate herself with her boyfriend’s sperm two years after he
died.
On Wednesday, the Supreme Court in Brisbane
ruled that Ayla Cresswell, 25, can seek IVF treatment using her
deceased partner’s sperm, ending a two-year legal
battle.
In August 2016, Cresswell found her partner of
three years, Joshua Davies, dead at their home in Toowoomba,
Queensland. He had taken his life after a battle with
depression.
With the support of her in-laws, “within hours of
Joshua’s death, Ms Cresswell successfully applied for his
reproductive tissue and sperm to be extracted and stored”, the
Brisbane Times reports.
Since then, the sperm has been kept in storage
at an IVF facility while Cresswell battled to circumvent
legislation which bans the gathering or use of reproductive tissue
for IVF without the written consent of the owner.
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At a hearing last year, Cresswell told the court that the couple
“were making plans to get married and start a family before he
died”, News.com.au reports, and that she had
discussed becoming pregnant with her GP a month before Davies’
death.
The court also heard testimony from the
deceased’s family and friends, who affirmed Davies’ desire to start
a family.
In her ruling today, Justice Sue Brown said she was satisfied
“that it is not contrary to Joshua’s wishes if [Cresswell] has a
child with his sperm”.
“I am also satisfied that Ms Cresswell is acting
responsibly and rationally and has taken appropriate steps to
ensure that any child that may be conceived is supported and that
the extended family will support any child and Ms Cresswell,” she
said in the judgement.
Bill Potts, deputy president of the Queensland Law
Society, told the ABC that the ruling was a “landmark decision”
with “significant” legal implications for developing medical
technologies.
“Whilst I’m sure the applicant is overjoyed and
she has every right to be, this is an area which is ripe for
legislation,” he said. “In the last ten years, the
technology has developed where a baby can been born literally from
a sperm extracted from a dead person.”
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