Beth Warren, who lost her husband Warren Brewer to a brain tumour two years ago, has been embroiled in a legal battle ever since to prevent his sperm from being destroyed.
The law currently permits sperm and eggs from being stored for up to 55 years providing consent from the donor is regularly renewed. Mr Brewer froze his sperm before he was to undergo cancer treatment with the intention that his wife could use it after his death should she wish to.
Upon his death in February 2012 he could no longer give this consent and so the Human Fertilisation and Embryology Authority (HFEA) declared that the sperm could not be stored beyond April 2015 and would therefore be destroyed. Beth Warren lost both her husband and her brother in a short period and has been fighting for the freedom to choose whether she undergoes the treatment once she is ready to make the decision.
Earlier this month the Court of Appeal ruled in her favour saying that the evidence clearly indicated that both the deceased and his wife were in agreement about the use of the sperm. The judgement ordered the sperm be stored until at least April 2023.
The HFEA who were concerned about the wider implications of the judgement on the existing consent regime were granted permission to appeal the decision but have opted not to pursue this on “moral grounds.”
Beth is now free to use the sperm if and when she chooses. A victory for the rights of an individual to have a family! Give us your thoughts.
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