Woman to seek IVF with dead boyfriend’s sperm
Ayla Cresswell given green light to seek IVF treatment following ‘landmark’ ruling
An Australian woman has been granted permission to impregnate herself with her boyfriend’s sperm two years after he died.
On Wednesday, the Supreme Court in Brisbane ruled that Ayla Cresswell, 25, can seek IVF treatment using her deceased partner’s sperm, ending a two-year legal battle.
In August 2016, Cresswell found her partner of three years, Joshua Davies, dead at their home in Toowoomba, Queensland. He had taken his life after a battle with depression.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
With the support of her in-laws, “within hours of Joshua’s death, Ms Cresswell successfully applied for his reproductive tissue and sperm to be extracted and stored”, the Brisbane Times reports.
Since then, the sperm has been kept in storage at an IVF facility while Cresswell battled to circumvent legislation which bans the gathering or use of reproductive tissue for IVF without the written consent of the owner.
At a hearing last year, Cresswell told the court that the couple “were making plans to get married and start a family before he died”, News.com.au reports, and that she had discussed becoming pregnant with her GP a month before Davies’ death.
The court also heard testimony from the deceased’s family and friends, who affirmed Davies’ desire to start a family.
In her ruling today, Justice Sue Brown said she was satisfied “that it is not contrary to Joshua's wishes if [Cresswell] has a child with his sperm”.
“I am also satisfied that Ms Cresswell is acting responsibly and rationally and has taken appropriate steps to ensure that any child that may be conceived is supported and that the extended family will support any child and Ms Cresswell,” she said in the judgement.
Bill Potts, deputy president of the Queensland Law Society, told the ABC that the ruling was a “landmark decision” with “significant” legal implications for developing medical technologies.
“Whilst I'm sure the applicant is overjoyed and she has every right to be, this is an area which is ripe for legislation,” he said. “In the last ten years, the technology has developed where a baby can been born literally from a sperm extracted from a dead person.”
Create an account with the same email registered to your subscription to unlock access.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
-
'Make legal immigration a more plausible option'
Instant Opinion Opinion, comment and editorials of the day
By Harold Maass, The Week US Published
-
LA-to-Las Vegas high-speed rail line breaks ground
Speed Read The railway will be ready as soon as 2028
By Peter Weber, The Week US Published
-
Israel's military intelligence chief resigns
Speed Read Maj. Gen. Aharon Haliva is the first leader to quit for failing to prevent the Hamas attack in October
By Justin Klawans, The Week US Published
-
Nigeria's worsening rate of maternal mortality
Under the radar Economic crisis is making hospitals unaffordable, with women increasingly not receiving the care they need
By Harriet Marsden, The Week UK Published
-
Dengue hits the Americas hard and early
Speed Read Puerto Rico has declared an epidemic as dengue cases surge
By Peter Weber, The Week US Published
-
How happy is Finland really?
Today's Big Question Nordic nation tops global happiness survey for seventh year in a row with 'focus on contentment over joy'
By Harriet Marsden, The Week UK Published
-
How Tehran became the world's nose job capital
Under the radar Iranian doctors raise alarm over low costs, weak regulation and online influence of 'Western beauty standards'
By Harriet Marsden, The Week UK Published
-
Africa's renewed battle against female genital mutilation
Under the radar Campaigners call for ban in Sierra Leone after deaths of three girls as coast-to-coast convoy prepares to depart
By Harriet Marsden, The Week UK Published
-
Argentina: the therapy capital of the world
Under the radar Buenos Aires natives go hungry to pay for psychoanalysis, amid growing instability, anxiety – and societal acceptance
By Harriet Marsden, The Week UK Published
-
Does declining birth rate spell doom for Britain?
Today's Big Question Ageing population puts pressure on welfare state, economy and fabric of society, while fertility is rising on populist agendas
By Harriet Marsden, The Week UK Published
-
How a new blood test could revolutionise sepsis diagnosis
The Explainer Early results from ongoing trial suggest faster identification of deadly condition is possible
By The Week Staff Published