Woman con­tin­ues fight for sperm

Warwick Daily News - - NEWS -

WHO owns Josh Davies’s sperm after his sud­den death?

That is the ques­tion posed to Bris­bane Supreme Court on Fri­day.

Toowoomba woman Ayla Belinda Cress­well and Mr Davies were in a re­la­tion­ship and plan­ning to have three chil­dren be­fore Mr Davies sud­denly died in 2016. At the time, Ms Cress­well, 24, got per­mis­sion from a court to re­move and freeze Mr Davies’s sperm. On Fri­day, she ap­plied to the court to use the sperm to be­come preg­nant.

But, as Mr Davies was un­able to give con­sent to the sperm be­ing taken, there is a le­gal dis­pute over who owns the sperm after his death.

Ms Cress­well’s lawyer Kathryn McMil­lan said the only other op­tion was for the state to take pos­ses­sion of Mr Davies’s sperm, which she de­scribed as an “ab­surd po­si­tion”.

Ms McMil­lan said the sperm could not have been con­sid­ered a pos­ses­sion while it was part of Mr Davies’s body.

But she said the only per­son who could ben­e­fit from the sperm was Ms Cress­well.

“The only per­son who has a rel­e­vant in­ter­est in it is my client,” she said.

The court heard the Cress­well and Davies fam­i­lies sup­port Ms Cress­well, and in an af­fi­davit Mr Davies’s mother of­fered to help raise any child if needed.

Bar­ris­ter for the At­tor­ney-Gen­eral So­raya Ryan sug­gested the court could de­clare the sperm was Ms Cress­well’s prop­erty but or­der it only be used for cer­tain pur­poses to en­sure it was used “eth­i­cally”.

But Jus­tice Sue Brown said she was un­sure if the supreme court had ju­ris­dic­tion over the mat­ter or if it should be con­sid­ered in a Com­mon­wealth court.

The court heard there was no Queens­land leg­is­la­tion about the is­sue.

Jus­tice Brown will hand down her de­ci­sion at a later date.

Newspapers in English

Newspapers from Australia

© PressReader. All rights reserved.