60-Year-Old Woman Wants to Have Child Using Deceased Husband's Sperm... Australian Court Approves Extraction Permission

Australian Couple in Their 60s Considering Surrogacy After Losing Two Children
Court: "Sperm Collection Allowed but Usage Requires Separate Approval"

The Supreme Court of Western Australia (WA) has ruled to allow the extraction of sperm from a deceased husband’s body in a lawsuit seeking to have sperm extracted to conceive a child with the deceased husband.

[Image source=Pixabay]

On the 3rd (local time), Australian broadcaster ABC reported that a 62-year-old woman requested an urgent hearing at the state Supreme Court the day after her husband suddenly passed away on the morning of December 17 last year.

The couple’s daughter drowned during a fishing trip in 2013, and their son died in a traffic accident in 2019. The woman had been discussing having a child through a surrogate using her husband’s sperm before his death. She added that the couple had undergone medical examinations together at a hospital.

In response, Judge Fiona Seward ruled that there was no reason to oppose extracting sperm from the deceased husband’s body and granted permission. In WA, tissue or other materials can be extracted from a deceased person’s body for medical reasons.

However, the woman cannot immediately conceive a child through fertilization after extracting sperm from her deceased husband’s body. This is because the use of reproductive cells from deceased persons is prohibited in WA. Judge Seward made it clear that while sperm extraction is permitted, it cannot be used without court approval.

Foreign media explained, "Because of this, if the woman wants to use her husband’s sperm to conceive a child, the sperm must be sent to another state such as Queensland, where the use of reproductive cells from deceased persons is allowed," adding, "Permission from the WA Reproductive Technology Council is required for this."

Experts said, "Technically, it is not impossible to have a child in this way," but also expressed concerns that "(such methods) may raise ethical or social issues."

Roger Hart, a professor of reproductive medicine at the University of WA, said, "Most IVF clinics in Australia recommend that at least one parent be under 50 years old at the time of pregnancy," adding, "Consideration must be given to who will care for the child if this woman passes away."

He continued, "Sometimes we are blinded by desire, but we must think about whether it is the right thing to do from a social perspective."

Meanwhile, in June last year, a court also permitted the extraction of sperm from the husband of an Australian woman after he died from an artery injury caused by broken glass.

This content was produced with the assistance of AI translation services.