Add Category
Posted
In the first case of its kind to come before a Queensland court, the Supreme Court in Brisbane will decide if a 24-year-old woman can use the sperm of her dead boyfriend to have a baby.
Ayla Cresswell's partner Joshua Davies died suddenly in August last year, and within hours the court granted permission for his sperm to be harvested.
Ms Cresswell has sought approval from the court to use the sperm, which is being held at an IVF clinic.
The hearing before Justice Sue Brown has heard Ms Cresswell has the full support and blessing of Joshua Davies' family as well as her own.
There is also evidence the young bricklayer was keen to have children.
Several of Joshua's friends have provided affidavits that shortly before his death he expressed a desire to settle down and have children.
Kathryn McMillan QC told the hearing the passage of time was important.
"This is not a pure grief reaction," she said.
"She's thought about it, had counselling, gone through many hoops, and had many tests to see if she can conceive."
Ms McMillan said while the child would not have the benefit of a father, there was support from a paternal and maternal grandfather.
Justice Brown said given the complex nature of the case, she would reserve her decision until a later date.
Topics: courts-and-trials, pregnancy-and-childbirth, reproduction-and-contraception, health, medical-ethics, community-and-society, brisbane-4000