Widow Wins Right to Husband’s Sperm in UK Court

by Admin on March 12, 2014

thai child and western woman

A British judge recently allowed a widow to keep her husband’s sperm for up to 55 years even though correct legal consent requirements were not met before his death, reported Family Law Week.

The Human Fertilisation and Embryology Authority (HFEA), the sperm bank defendant in this case, filed to appeal against the lower court’s ruling as they believe it will have wider implications on the sperm consent system.

The widow, Mrs Warren, requested that the HFEA keep her late husband’s sperm stored beyond the permitted 10 years of storage, instead asking for a period of up to 55 years, so that she may use it to conceive a child or children. Her husband and the sperm donor, Mr Brewer, stored his semen in 2005 before his marriage to the plaintiff and before becoming sterile from radiotherapy.

Chaninat & Leeds specialize in Thai Family Law including divorce, child custody and child support.

The HFEA rejected Mrs Warren’s request to extend the storage period stating that the maximum period for storing sperm is 10 years. If an extension is required, then there are regulations and consents that must provided and these were not provided by Mr Brewer. The lower court found that the clinic which Mr Brewer was using did not give him the relevant information to obtain an extension as required by HFEA.  The court was satisfied that he would have given the necessary consents to extend the storage period had he been informed.

The court held that Mrs Warren has the right to decide to become a parent by her deceased husband, for which he had made provision and which would accord with his wishes and intentions.

Read the full article here.

Related Articles:

Paternity in Thailand

Parental Rights in Thailand


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