Beth Warren became a widow when her husband died from a brain tumor at the age of 32. He had his sperm frozen before he started cancer treatment. He also signed a document stating that his wife could use the sperm after his death.
However, the law requires that consent be renewed every two years. Since Mr. Warren has passed away, he is no longer able to give consent. As a result, the Human Fertilization and Embryology Authority said that the sperm could not be saved beyond April 2015.
Mrs. Warren won the case at the High Court level. The Court found that it was the husband’s intent to keep the sperm so that Mrs. Warren could have his children after his death. Mrs. Warren argued that since she was still grieving the loss of her husband, she was unable to make the decision about having a child before the consent period ran. Fortunately, the court agreed with her and the sperm will be kept until at least April 2023.
Contact a Salem, OR attorney today.
Thanks to Futurity for the image.