Battle to use dead husband's sperm

The mother of one is desperate for another child by using the sperm taken from her husband, who died unexpectedly during a routine hospital operation a year ago.

But the law currently allows sperm only to be used with the express written consent of the donor.

The woman aged 42, cannot be named under a court order, and is known only as L. She applied for an emergency court order allowing sperm to be taken from her husband's body shortly after he died and while still healthy. It is now being stored in a clinic.

Last week, she went before the High Court in Preston, to apply to be allowed to use the sperm to conceive.

She told Judge Mr Justice Charles, storing sperm or getting written consent was not discussed because they had no reason to fear the minor op would lead to his death.

And she said, she and her husband, known only as H, had discussed having another child and talked with other family members about their child having a baby brother or sister.

Her lawyers said despite British law requiring written consent, destruction of the sperm would contravene her human rights.

But Mr Justice Charles said her application to retrieve the sperm and use it, either in the UK or abroad to have another child was a "novelty".

A final decision on whether she can use the sperm is now with the Human Fertilisation and Embryology Authority (HFEA), which regulates the storage of such material.