An Australian woman has won a court battle to gain possession of her dead husband's sperm, so she can use it in an attempt to have a baby, The Daily Telegraph reported Monday.
In August 2010, Jocelyn Edwards and her husband were due to sign documents so they could begin in vitro fertilization (IVF), but Edwards’ husband died in a workplace accident the day before.
She won a court order to have the sperm removed from his body, but she’s been fighting ever since to win control over it.
A judge in New South Wales said there were only two conclusions he could reach – either to destroy the sperm or give it to Edwards.
In the end, he ruled that Edwards could not have the sperm inseminated in New South Wales because IVF is banned without a donor’s consent there, but he said she could gain possession of the sperm and go elsewhere – out of that jurisdiction – to have the IVF treatment.
"It's the right decision. Mark would be so happy, we're going to have our baby. That's what I plan to do," Edwards told reporters outside the court. "I just want to get past today, enjoy the moment. It's been a long, long, long, difficult time," she added.