The claimant had sought fertility treatment with her husband. Now, after his death, she sought an order to declare lawful the continued use of the stored gametes.
Held: The request failed. Without explicit consent, the court had no power to make an order anticipating the decision of the Authority respondent. Any rights of the claimant would arise only on the Authority’s decision.
Judges:
Charles J
Citations:
[2008] EWHC 2149 (Fam)
Links:
Statutes:
Human Fertilisation and Embryology Act 1990 24(4)
Citing:
Cited – Regina v Human Fertilisation and Embryology Authority ex parte DB CA 6-Feb-1997
At the applicant’s request samples of sperm were taken from her husband hours prior to his death, when he was in a coma.
Held: Sperm cannot lawfully be taken from a comatose man in order later to allow his surviving wife to be artificially . .
Lists of cited by and citing cases may be incomplete.
Health
Updated: 21 July 2022; Ref: scu.278558