Source: All England Reporter
Publisher Citation: [2002] All ER (D) 181 (Jan)
Court: Family Division

Dame Elizabeth Butler-Sloss P

Representation Angus Moon and Briony Ballard (instructed by Bevan Ashford) for the applicant.
  Gregory Treverton Jones (instructed by Bartlett Gooding and Weelen, Shepton Mallet) for the respondent.
Judgment Dates: 24 January 2002


Medical treatment - Human fertilisation - Use of sperm posthumously - Sperm removed from husband for wife's fertilisation treatment - Husband revoking consent for posthumous use of sperm - Wife seeking use of sperm after husband's death - Medical centre seeking declarations to destroy sperm or transfer it to another centre - Whether husband revoking consent under undue influence - Whether declarations should be granted.

The Case

In an application by a centre for reproductive medicine, the court held that the wife could not use her husband's sperm posthumously to bear his child since the husband had revoked his consent to such a procedure. Furthermore, the wife had failed to prove that the husband had made his decision under undue influence.

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