This article is from the source 'bbc' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.bbc.co.uk/news/health-26559020
The article has changed 3 times. There is an RSS feed of changes available.
| Version 1 | Version 2 |
|---|---|
| Frozen sperm fight ends in victory | Frozen sperm fight ends in victory |
| (35 minutes later) | |
| A widow's legal battle to keep her dead husband's frozen sperm is finally over after the fertility regulator said it would not take the case back to the courts. | A widow's legal battle to keep her dead husband's frozen sperm is finally over after the fertility regulator said it would not take the case back to the courts. |
| Last week, the High Court backed Beth Warren's case to stop the sperm being destroyed by April 2015. | Last week, the High Court backed Beth Warren's case to stop the sperm being destroyed by April 2015. |
| The Human Fertilisation and Embryology Authority kept the door open to appeal, but now says it accepts the verdict. | The Human Fertilisation and Embryology Authority kept the door open to appeal, but now says it accepts the verdict. |
| Her husband had the sperm frozen before starting cancer treatment. | Her husband had the sperm frozen before starting cancer treatment. |
| But 32-year-old Warren Brewer, a ski instructor, died of a brain tumour in February 2012. | But 32-year-old Warren Brewer, a ski instructor, died of a brain tumour in February 2012. |
| The couple, who were together for eight years, married in a hospice six weeks before his death and she subsequently changed her surname to Warren. | The couple, who were together for eight years, married in a hospice six weeks before his death and she subsequently changed her surname to Warren. |
| Mr Brewer had repeatedly made clear that his partner, now 28, should be allowed to use his sperm in the event of his death. | Mr Brewer had repeatedly made clear that his partner, now 28, should be allowed to use his sperm in the event of his death. |
| But he had not been given the opportunity by the fertility clinic to store the sperm for a prolonged period. | But he had not been given the opportunity by the fertility clinic to store the sperm for a prolonged period. |
| 'Over the moon' | 'Over the moon' |
| The case went to the courts, but in her judgement, Mrs Justice Hogg said: "The evidence indicates that both Mr Brewer and his wife were in agreement. He wanted her to have the opportunity to have his child, if she wanted, after his death." | The case went to the courts, but in her judgement, Mrs Justice Hogg said: "The evidence indicates that both Mr Brewer and his wife were in agreement. He wanted her to have the opportunity to have his child, if she wanted, after his death." |
| She ruled that it was "right and proper, and proportionate" to allow the sperm to be kept until at least April 2023. | She ruled that it was "right and proper, and proportionate" to allow the sperm to be kept until at least April 2023. |
| Mrs Warren, from Birmingham, said she was "over the moon" and "elated" with the decision. | |
| But the HFEA immediately said it was seeking leave to appeal against the decision. | But the HFEA immediately said it was seeking leave to appeal against the decision. |
| Sally Cheshire, from the HFEA, said: "Seeking leave to appeal may have appeared unsympathetic to Mrs Warren's very regrettable situation, but we owed it to future patients to think carefully about the implications of a complex legal judgement. | Sally Cheshire, from the HFEA, said: "Seeking leave to appeal may have appeared unsympathetic to Mrs Warren's very regrettable situation, but we owed it to future patients to think carefully about the implications of a complex legal judgement. |
| "We didn't want Mrs Warren's deserving and highly unusual case to pave the way for other cases where the wishes of the deceased patient are much less clear. | "We didn't want Mrs Warren's deserving and highly unusual case to pave the way for other cases where the wishes of the deceased patient are much less clear. |
| "Fortunately, we think we can guard against any such cases without having to appeal." | "Fortunately, we think we can guard against any such cases without having to appeal." |
| The organisation said it would write to fertility clinics to ensure they kept clear records of patients' wishes. | The organisation said it would write to fertility clinics to ensure they kept clear records of patients' wishes. |
| Mrs Warren's lawyer, James Lawford Davies, said: "It is unfortunate that it was ever necessary for Beth to go to court in circumstances where Warren's wishes were so clear. | Mrs Warren's lawyer, James Lawford Davies, said: "It is unfortunate that it was ever necessary for Beth to go to court in circumstances where Warren's wishes were so clear. |
| "Along with the rest of the legal team, I am delighted for Beth and very pleased that her two year struggle has at last come to an end." | "Along with the rest of the legal team, I am delighted for Beth and very pleased that her two year struggle has at last come to an end." |