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Author Topic: Jocelyn Edwards allowed to use dead husband Mark's sperm  (Read 2368 times)
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« on: May 25, 2011, 12:53:25 AM »

A SYDNEY widow has won her court battle to be able to use her dead husband's frozen sperm to try to have their baby.
In the New South Wales Supreme Court today, Justice Robert Allan Hulme ruled that Jocelyn Edwards is entitled to possession of the sperm recovered from the body of her late husband, Mark Edwards.

"Although there is no direct evidence, the clear and only inference is that she desires to have a child with the aid of assisted reproductive treatment," the judge said.

Ms Edwards, 40, married her husband in 2005 and after she had not fallen pregnant, they discussed fertility treatment and assisted reproductive technology and attended a clinic in early August 2010.

Tests were done, the couple expressed a preference for IVF and were to return on August 6 for discussions and to sign consent forms to commence treatment.

"Tragically, at about 12.15pm on 5 August, Mr Edwards was fatally injured in a workplace accident," the judge said.

The next morning a judge made orders allowing the posthumous extraction of sperm from Mr Edwards and this has been held at a laboratory pending the court case.

Ms Edwards said outside the court she was relieved by today's decision.

“We're going to have our baby. That's what I plan to do,” she said.

Despite today's ruling, IVF treatment is banned under NSW law without the consent of the donor.

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