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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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  • Not sure how I feel about this. It’s almost like the boat has sailed. If she’s young enough she may be able to have children with someone else in the future. Removing his testes for this is kind of callous and disrespectful.

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  • Very interesting. Not sure how i feel about it

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  • I can completely understand. Her love and she still wants his child. Why not allow her unless he specifically said no prior to his death

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  • i agree, a very interesting and complex case. i understand if they were engaged, they loved each other and apparently wanted to have children together. I guess she has a good case there, but as the relationship was still so new, theres nothing to say she wont find someone else that she will be happy with and marry and have children with…not sure what i would do in this case really….

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  • I am shocked. How did they get it through court so quickly or had proceedings already started before he passed away?

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  • I guess if they were married she may have full rights to do this.A complex case.

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  • umm interesting topic, but then again I think she may have the rights since shes engaged….I really don’t have a say

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  • The judgement seems fair, it just keeps the possibilities open.

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  • hmmm, they have not been together that long to really need to do this. Only my opinion. Maybe he was a millionaire and she is after his fortune. I am sure there is more to this story!!

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  • Strange … Not sure I agree, or disagree. Had they have been in a relationship for many years, maybe, but this was so new, really :/ Hmmm, weird!! More to the story I think.
    Maybe he was a millionaire.

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  • Wow, what an attention grabbing headline! Nice for this woman to get what she wants. I wonder how his family feel tho? I don’t I would get too happy with someone, new on the scene, wanted my dead sons testicles, I would put up a fight I think

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  • I’m not sure how I feel about the ethics of this. I guess you don’t know until you’re faced with that situation.

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  • If that was her fiancé wishes then she should be granted permission.

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  • This is something unique! I am not sure I completely agree though.

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  • Ok, interesting, good luck to her

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