Frozen sperm



French court refuses use of dead husband's sperm

Article published on the 2009-10-15 Latest update 2009-10-15 15:40 TU

A French court on Thursday denied a 39-year-old widow the use of her dead husband's frozen sperm so she could be artificially inseminated to have his child. Fabienne Justel took a sperm bank in Rennes to court in the hopes that she could bring his sperm to another country to have the procedure. It is illegal in France to be inseminated after the death of one partner, or if they have divorced or separated.

Justel was "seeking to circumvent the application of French law prohibiting post-mortem insemination," according to the court ruling.

Justel said afterwards she was not surprised by the decision, but planned to appeal. "I want my husband's sperm given back to me. I have no time to lose," she added.

Her husband decided to have his sperm stored after he found out he had terminal cancer-- to enable Justel to have a child even after his death.

Prosectors maintained that the contract between the couple and the sperm bank indicates that his sperm could only be used with his consent and while he was alive

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