"They've made the decision that they want to conceive and raise their child themselves, so from under that basis I don't think that there's a problem with people filing these applications," he said.Ĭameron Stewart, a medico-legal expert at the University of Sydney, has a similar sentiment. The rights of the unborn child are also raised as an ethical issue, although Mr Riwoe compares the situation to a single woman seeking out IVF services. Many of the ethical arguments on this issue centre around the rights of the child ( Unsplash: Patricia Prudente) "It's something that we hope will never happen," Ms Deane said. She said if there was a court application to use her son's sperm, her family would fight it. "I believe that Tony would not have wanted a child brought into this world if he could not be there to raise it," his mother Gaye Deane said at the time. While Ms Patteson successfully applied to extract her deceased partner's sperm, Mr Deane's parents spoke out against the removal of their son's testes. The ethicsįamily members don't always agree on whether extracting sperm is the right thing to do. "In Queensland this type of application had never been taken to that second step," Mr Riwoe said. Ms Cresswell only recently received a decision on whether she could do this. The second step is to obtain permission to transfer the stored sperm and use it for IVF purposes. "Often she hasn't had time to think about the consequences but desperately wants to retain the possibility of pregnancy, particularly if that couple were already in a treatment program." "At the time that the request comes in, it's a time of high emotion for that man's partner," Dr Smith said. In each case, the death was sudden and unexpected.
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Listen to the full program Download 26 MB The situations he has dealt with range from "where the man has died because of a car accident, or a work accident or of a sporting accident". "It's best that the sperm get collected as soon as possible, however, it's on the record that sperm can retain viability for at least 36 hours." " a needle to aspirate sperm either from the epididymis, that's the little tube outside the testis, or in fact directly from the testis," Dr Smith said. Howard Smith, the medical director of Westmead Fertility Centre in Sydney, says over his 25-year career, he's carried out the relatively straightforward procedure around 10 times. Ms Cresswell was granted permission to extract and store her partner's sperm. "Ideally the operation is performed 24 hours after death, so we were really under the gun," Mr Riwoe said. In these types of cases, time is in short supply.
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To hear the urgent application, the court opened at 4:30am the following day. "They were in a de facto relationship and having children was something that they had definitely spoken about, they had made plans," Mr Riwoe said. Mr Riwoe set to work, obtaining statements and affidavits to that effect. expressing an interest in applying to the court for orders to extract her partner's sperm for possible IVF purposes in the future," Mr Riwoe said.įor a court to grant permission to extract sperm, there must be some indication that the deceased wanted to have children.
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She successfully applied to the Supreme Court hours after his death to extract his sperm.Ī few months later, in August 2016, Mr Riwoe received an urgent phone call late at night from Ayla Cresswell, whose partner Joshua Davies had also died by suicide.Īyla Cresswell and late partner Joshua Davies. In April 2016, Mr Riwoe represented Leith Patteson, whose partner Tony Deane had died by suicide. "It was amazing to think Toowoomba, which is a small city in Queensland, could have two of these cases," Mr Riwoe said. In the past two years, David Riwoe, a lawyer based in Toowoomba, has represented two clients seeking to extract sperm from a late partner. While each case is different, they all raise a string of complex legal and ethical considerations.
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In Australia there have been a series of court cases centred on whether sperm can be removed from a corpse and given to a grieving partner, so they can one day use it to fall pregnant. In the age of artificial reproductive technology, extracting sperm from dead men is possible - and it happens more often than you might think.