After her husband's death, an Australian woman asks to have his sperm removed. A court allows that. The controversial question now: Can children be created with it?
Perth – Not an easy decision for the Supreme Court in the state of Western Australia: A 62-year-old woman from Australia asked a hospital to remove and store her sperm. From her husband who died suddenly on December 17th. Since the clinic did not respond, she applied for an emergency order. The result has now been published.
Court agrees with woman: Australian woman can have her dead husband's sperm removed and stored
According to court documents, the woman was proven right. The sperm can be removed and stored. Judge Fiona Seaward criticized the hospital's conduct, saying it was “disappointing that an applicant was once again forced to go to court in an urgent matter and in traumatic circumstances to seek an order made in a quicker and more streamlined manner.” could be,” as she said The Guardian is quoted.
The couple has already lost two children – the surrogate mother is supposed to carry the child
But what was actually the reason? According to court documents, the couple had already tragically lost two children. The son died in a car accident at the age of 31, and the daughter drowned in a fishing accident six years earlier at the age of 29.
Since then, the couple have found out whether another child could be conceived using the husband's (61) sperm and a surrogate mother. The woman herself can no longer become pregnant due to her age. The couple had been married for 39 years.
However, posthumous insemination is prohibited in the state of Western Australia
The first hurdle was successfully overcome after the court's ruling, but the next one is already waiting. Although sperm can be taken from a man, posthumous insemination is prohibited in the state of Western Australia. The government is currently reviewing laws on reproductive technologies.
The sperm must now be transferred to another state where the procedure is legal, such as Queensland. But for this to happen, another court order must first be obtained.
Medically feasible – but “ethical challenges” remain
Roger Hart, professor of reproductive medicine at the University of Western Australia, told the broadcaster ABCthat the removal was medically feasible. However, there are “real ethical challenges”. Hart also says that the court must consider other points: “Whether the deceased man expressed the desire to have a child with his wife, what support network the 62-year-old has and the special circumstances in this case” must be examined .
He also pointed out that the child, after posthumous fertilization, will not know its father and will have to grow up without him. There is also a certain risk of using sperm from an old man. “There is a higher rate of chromosomal abnormalities which pose a greater risk to the child,” Professor Hart said. These are characterized, among other things, by growth disorders, developmental delays or reduced intelligence. All of this needs to be taken into account for the 62-year-old. (mg)
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