Legacy Matters

Widow can't use husband's sperm

In Australia, a widow can not impregnate herself with her dead husband's sperm without his written consent.

The 36-year-old woman had been married to her husband for more than eight years when he was killed in a car accident in July 1998.

Within 24 hours of his death, the woman, who can only be identified as AB, received permission from the Victorian Supreme Court - and the consent of the dead man's parents - to have his sperm taken and stored at a Melbourne hospital.

But yesterday, Justice Hargrave said the law did not allow the taking of sperm or ova from the dead for the purpose of reproduction if the person had not consented in writing to the procedure before their death.

In this case, the man, who was 29 when he died, had not given written consent for the posthumous removal and use of his sperm

Widow can't use husband's sperm

Yet another thing for young couples to think about before they visit their lawyer to make their wills.    Probably a good idea for American couples as well.