Court or Tribunal: Supreme Court of Queensland
Catchwords: Assisted Reproduction, In Vitro Fertilisation, Parens Patriae, Posthumous Sperm Donation, Sperm Donation, Succession
Judges:  Brown J

Background: A Queensland woman applied to the Qld Supreme Court in Brisbane for the right to use her dead boyfriend’s sperm to have a baby. Ayla Cresswell’s partner Joshua Davies died suddenly in August 2016, and within hours the court granted permission for his sperm to be harvested. Ms Cresswell sought approval from the court to use the sperm, which is being held at an IVF clinic. 
 
  [Legal Issue]The court decided the sperm was capable of being deemed “property” and that Ms Cresswell was entitled to permanent possession of it. Ms McMillan said while the resulting child would not have the benefit of a father, there was support from a paternal and maternal grandfather.   [Court Orders]The applicant is entitled to possession and use of the spermatozoa to facilitate pregnancy and the Queensland Fertility Group (QFG) is to transfer directly the spermatozoa to Women’s Health Only (WHO) on the applicant’s direction.