Landmark decision

Woman wins right to use dead boyfriend's sperm

A YOUNG Toowoomba woman left heartbroken after her partner's death will finally be able to try have his child after an unprecedented court ruling.

Ayla Cresswell and Joshua Davies were in a relationship and planning to have children before Mr Davies suddenly died in 2016.

Now, a court has ruled Ms Cresswell may use his sperm to try have a baby.

Ms Cresswell smiled and hugged a supporter at Brisbane Supreme Court as Justice Sue Brown handed down the decision on Wednesday.

"This is a landmark decision. Never before in Queensland has the sperm of a dead person allowed to be extracted and then used for the purposes of procreation," Queensland Law Society deputy president Bill Potts said outside court.

In her judgment, Justice Sue Brown said Ms Cresswell had "the support of her family and Joshua's family" in this case.

When Mr Davies died, Ms Cresswell told his father, John Davies, that wished she was pregnant.

Mr Davies rang Toowoomba Base Hospital to ask for advice, and the hospital said it would need a court order.

An extraordinary court hearing was held within hours.

And Justice Martin Burns granted former Warwick woman Ms Cresswell permission to have Mr Davies' testes and sperm removed at the hospital.

But legal hurdles remained.

So Ms Cresswell applied to the court in September to use the sperm to become pregnant.

And as Mr Davies could not give consent to the sperm being taken, a legal dispute emerged over who owned the sperm.

Brisbane Supreme Court even heard there was no Queensland legislation about the issue.

"It is apparent from the reasons that this is a complex and developing area of the law," Justice Brown added.

The judge's new decision means the sperm must be used under supervision of Queensland Fertility Group.

And only Ms Cresswell may use the spermatozoa, and only to produce an embryo or embryos to be implanted in her. -NewsRegional