A woman has won a legal battle to remove her late partner’s testicles from his dead body in the hope of using his sperm to have a child.
The Toowoomba woman was granted permission to remove his testicles in the Queensland Supreme Court.
The woman lodged an urgent application to perform the procedure the day after her fiancé died unexpectedly in April, the ABC reported.
Several of the couple’s friends presented evidence in court supporting their desire to have a child together.
The two met in September last year, became engaged a month later and were planning to get married in late 2016.
At the time of her fiance’s death the pair were already trying for a child.
Justice Martin Burns granted the request to remove the testicles but said another application must be made before the sperm was used, reports The Daily Mail.
He said this would give the woman the chance to think about whether she really wanted to go through with her pregnancy.
Justice Martin Burns said the testes had to be removed within 24 hours of death if the sperm were to ever be used.
“Those orders will… permit mature reflection … whether to proceed with the use of any extracted material,” he said.
“If an application for use for the purposes of fertilisation is made, the orders proposed today will ensure that such an application will not be rendered futile.”
Lawyers representing the deceased man did not oppose the application.
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