Skip to content
Formerly Hosted by the Law Professor Blogs Network

Judge Allows Wife to Undergo IVF with Dead Husband’s Sperm

IvfA Barcelona judge is allowing a woman to use her dead husband’s sperm to undergo in vitro fertilization. The prosecution argued against the ruling, stating that it was not possible to obtain her late husband’s consent—a moral argument, not a legal one. The couple started the process back in 2014, when the husband froze his sperm before undergoing an aggressive cancer treatment that potentially would make him sterile. One day before the cancer took the man’s life, the couple got married in the hospital. In the year proceeding, the woman tried to get pregnant four times, but Spanish law only permits the use of genetic material from a deceased person for twelve months after their death. With this ruling, the woman intends to make the most of her husband’s legacy.

See Judge Allows Woman to Undergo In Vitro Fertilization with Dead Husband’s Sperm, Fox News, March 23, 2017.