A B.C. court has rejected a woman’s request to impregnate herself using her dead husband’s sperm.
As reported by the Vancouver Sun, the unidentified woman appeared before the B.C. Supreme Court in October 2018 a day after her husband suddenly died to ask for an emergency order that would allow his sperm to be preserved.
She was reportedly told that she could only retrieve her husband’s sperm within 36 hours of his death following an order by a judge.
However, the husband had not given written approval for the use of his sperm prior to his death, which is required by law.
The judge authorized the removal of the sperm from the woman’s husband by a physician, but also ordered that a full hearing should take place which would determine whether the wife could actually use it. His sperm has been stored at a fertility centre.
At the hearing this week, the wife said that her husband had expressed a wish to have other children aside from their daughter, even though he did not give written consent.
While the judge said that there was no question that the husband wanted to have more children, he noted in his ruling that they had not considered using his sperm after his death.
In his ruling, the judge also referred to the law requiring written and informed consent before allowing any posthumous use of reproductive material.
“Regrettably, that is not the case here,” he said. “Given the foregoing, unfortunately I must dismiss the petition. The order authorizing the removal and storage of the sperm of (the husband) is terminated.”
The woman has 30 days to appeal the decision.