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Wife wins legal battle to keep husbands frozen sperm

Beth Warren has won her legal battle to stop her husband’s frozen sperm from being destroyed, because he was no longer alive to give his consent to keep them.
Warren Brewer, who was only 32 when he died from a brain tumour, had given his wife permission to use his sperm after his death.
Eggs and sperm can be kept for up to 55 years. However, because Warren was no longer able to give his verbal consent to keep his sperm, they were scheduled to be destroyed by the Human Fertilisation and Embryology Authority (HFEA).
Beth and Warren had been together for eight years and were married shortly before his death. He had also given clear instructions that it was his wish for his wife, Beth, to be able to have his child if she wanted, after he had died.
Mrs Warren took her case to court where her lawyers argued that the HFEA were taking an overly technical approach and that consent had been given to keep the sperm.
Justice Hogg ruled that all the evidence showed that Warren Brewer had given his written consent that his wife could have a child, but that this written consent did not specify that his sperm should be kept longer than the statutory period. Despite this, Justice Hogg has allowed Mr Brewer’s sperm to be kept until at least 2023, because it was clear what his intentions were.
Mrs Warren had not only suffered the loss of her husband, but also that of her brother, who died in a car accident just weeks before. After the ruling, she commented that a decision to have a child in such an emotional state, on the basis of a forced deadline, would not have been right.
She also said that it would be a huge decision to have a child knowing that it would never meet its father. She added that, although, she may never undergo the treatment, she wanted to establish her right to make that choice when she was not grieving.

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