West Australian woman granted permission to take long-term partner’s sperm after he dies

A Supreme Court judge has explained why a woman will be allowed to take sperm from her partner after he dies.

A woman who wants the chance to have a baby with her long-term partner after he dies has been granted court approval to take his sperm.

The woman, who cannot be named, made an urgent application in the West Australian Supreme Court after her partner of eight years suffered a brain aneurysm and was placed in intensive care.

The 36-year-old man was on life-support at Sir Charles Gairdner Hospital at the time of the court hearing this month.

Fertility Specialists of WA had agreed to extract sperm from him if it received permission from the court. His parents also gave their support.

Justice Jenni Hill said in her findings that the man’s sperm and associated tissue could be removed after his death and be stored.

The woman was granted permission to take her partner’s sperm. Picture: iStock

But she noted the woman must seek another court order to use the sperm in the future.

“In making these orders, I was aware they were limited in their operation and did not permit the spermatozoa and associated tissue removed from the body of Mr B to be used in any way,” Justice Hill said.

“The effect of my orders was restricted to permitting something to happen which, if it did not happen urgently after the death of Mr B, would forever preclude the applicant seeking to make use of Mr B’s spermatozoa in an attempt to conceive a baby.”

In 2018, another WA woman was granted permission to take sperm extracted from her dead partner to the ACT to become pregnant.

There was also a similar case reported in WA in 2013.