Mum Gives Birth To Baby Using Dead Husband’s Sperm

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According Mail Online, a British widow has made legal history by using her dead husband’s sperm to try to conceive a child – even though it is still against the law.

The high-flying businesswoman had his sperm extracted without his consent in an ‘act of desperation’ while he was in a coma and close to death with a heart condition.

It is against UK law to take, store, transport and use in IVF a man’s sperm without his written consent. The businesswoman – who wishes to be referred to as ‘Ms H’ – has since his death undergone fertility treatment abroad and is now waiting to find out if she is pregnant.
Ms H, who is in her early 40s, obtained an emergency ruling by a judge to have her husband’s sperm extracted because he was so close to death.

The judge agreed to the procedure being carried out to allow her time to find proof of his consent.

Despite this never being produced, she was later permitted to take the sperm to another country to begin IVF treatment.

Ms H’s case is the first time a British woman has gone ahead with such treatment without a court hearing.

The Human Fertilisation and Embryology Authority (HFEA) did not oppose her bid, meaning the regulatory body effectively supported her and her doctors in breaking the law.
Ms H, who is in her early 40s, obtained an emergency ruling by a judge to have her husband’s sperm extracted because he was so close to death.

The judge agreed to the procedure being carried out to allow her time to find proof of his consent. Despite this never being produced, she was later permitted to take the sperm to another country to begin IVF treatment.

She had IVF after travelling to Belgium, which at the time permitted use of sperm extracted in these circumstances to be used in fertility treatment.

She became pregnant and her son Liam was born in the UK in December 1998. Four years later her second son, Joel Michael – again conceived using her late husband’s frozen sperm – arrived.

Mr Jones said of Ms H’s case: ‘My client knew wholeheartedly that she wanted to conceive a child with the man she had built her life with.

‘I was pleased that in this case we were able to work closely with the HFEA’s legal team, who were receptive to our argument and considered my client’s views carefully.’