Woman refused permission to use her late husband’s sperm to have a baby

A Victorian woman has been refused permission to use her late husband’s sperm to fulfill their dream to have a baby.

The couple had embryos set aside for IVF use before the man died, but not sperm cells.

The woman, 41, applied to the Patient Review Panel last year to use his sperm to conceive, but was denied.

The Victorian Civil and Administrative Tribunal (VCAT) upheld the panel’s decision, saying the man had only given express written consent to use embryos, not sperm.

Justin Smith said it seems “rough”.

“Clearly, he had wanted his wife to have their child. That wish seems reasonably clear,” he said.

Griffith University ethicist Leslie Cannold told Justin VCAT had been “extremely literal” in its determination.

Click PLAY for the full interview with Leslie Cannold