There have been a number of cases in Australia where widows have fought to harvest the sperm of their husbands so as to start a family. Israel has taken an unprecedented move to allow widows to harvest their deceased husbands sperm even if the men did not give their consent while alive. The directive recognises de facto relationships or life partners but does not extend to other family members such as parents. The widow may not however over rule any expressed wishes of the husband prior to his death. Under the new law the widow is still required to get a court ruling on whether the sperm could be used.
Previously the widow would have had to get a court ruling to say harvesting was possible/legal. Often this court ruling can not be achieved in the very short time after death (24-36hrs) when the procedure will still be able to collect viable sperm.
BioNews - 2004
And from Scotland…
In late 2003 a woman won the right in court to have the name of her deceased husband on the birth certificates of her two sons born following the use of sperm taken from her dead husband. Her battle lasted five years! Mrs Blood won ultimately on the grounds that it breached the Human Rights Act 1998 and that it contravened the rights of individuals to have a "private and family life". This resulted in a change to the law in the UK such that all widows may now have this same right cast in law. It is estimated that possibly 5 couples a year in the UK may benefit from this law change, thanks to the actions and tenacity of the Mrs Blood and her legal team.
BioNews
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16-May-05 Posthumous sperm harvesting - Israel leads the way
