Widow wants baby to 'fulfil husband's wishes'
Tuesday 14 January 1997
Lord Lester QC, representing Diane Blood, said the question the three appeal judges had to address was not whether the couple were right in having that joint wish but whether there was a legal justification for not respecting that desire.
Mrs Blood, 31, is challenging rulings by the Human Fertilisation and Embryology Authority which banned her from using her dead husband Stephen's frozen sperm, as she did not have his written permission. The HFEA also told Mrs Blood she could not take the sperm abroad for treatment in a foreign clinic. A sperm sample was taken from Mr Blood while he was in a coma. "Had he been conscious there is no doubt he would have signed the consent form," said Lord Lester.
Mrs Blood claims the rulings were unreasonable, and that her rights under European law superseded British legal restrictions. She says that when the sperm sample was taken from her husband he was still alive.
Lord Lester said: "As he lay dying he could not sign a written consent because he was deeply unconscious." Lord Lester added: "Mrs Blood is clearly honouring the wishes of herself and Stephen because they had discussed the very situation which tragically later arose."
"The Human Embryology and Fertilisation Authority say she is trapped by the law. She cannot have treatment in the UK because of the business of the written form. One question is whether this court can free Mrs Blood from that trap."
Lord Lester said Mrs Blood could have had the treatment using her husband's sperm perfectly lawfully while he was alive, even if the medical team knew that he was dying.
He said the authority had barred Mrs Blood from taking her husband's sperm abroad for treatment, because if she could not obtain treatment here, it could not allow her to have it anywhere else.
The hearing was adjourned until today.
- 1 The political parties aren't all the same – which means 2015 will be a 'big-choice' election
- 2 President of Argentina adopts Jewish godson to 'stop him turning into a werewolf'
- 3 ALS ice bucket challenge co-founder Corey Griffin drowns, aged 27
- 4 The 'Black Museum': After 150 years, public set to see exhibits from police’s grisly crime museum
President of Argentina adopts Jewish godson to 'stop him turning into a werewolf'
Exclusive: Abusers using spyware apps to monitor partners reaches 'epidemic proportions'
ALS ice bucket challenge co-founder Corey Griffin drowns, aged 27
UK weather: Warning for more snow and ice as freezing temperatures and gales hit Britain
New York police shooting: thousands turn out for the funeral of Rafael Ramos
British actor Idris Elba cannot star as James Bond because he is black, says shock jock Rush Limbaugh
Germany anti-Islam protests: 17,000 march on Dresden against 'Islamification of the West'
Ukip member gets into Christmas spirit with Union Flag plea to Santa 'for our country back'
Immigrants make UK racist, says Ukip councillor Trevor Shonk
BBC director Danny Cohen: Rising UK antisemitism makes me feel more uncomfortable than ever
Katie Hopkins speaks out on childhood obesity: 'Parents of fat children should be prosecuted for child cruelty'
Not specified: Selby Jennings: VP/SVP Credit Quant Top tier investment bank i...
£40000 - £43000 per annum + benefits: Ashdown Group: Senior Marketing Executiv...
£40000 - £43000 per annum + benefits: Ashdown Group: An international organisa...
£25000 - £30000 per annum: Ashdown Group: Internal Recruiter -Rugby, Warwicksh...