National

Qld widow given husband’s sperm for baby

By AAP Newswire

Jennifer Gaffney's husband died last year but she can now have the family they had dreamed of growing together.

Dr Gaffney and her husband Daniel had been devoted to each other for 12 years, married for five and shared a toddler son.

The UK-born couple were planning to have more children and had started the IVF process when the dermatologist died suddenly on the Sunshine Coast in November.

Dr Gaffney, 36, had seen a specialist for her second appointment on the day her husband died from a heart attack while on a work trip.

The 38-year-old's sperm was removed from his body the day after he was found dead.

Now Dr Gaffney, backed by both of their mothers, has been told by the Supreme Court in Brisbane that she can use it to give their two-year-old son Nate a sibling.

"The evidence does support the fact that Daniel did wish to have further children, and there is no evidence that he objected to the use of the sperm by Dr Gaffney," Justice Sue Brown said on Friday.

"She is also conscious of the fact that she must be careful not to embark on this exercise as a result of wanting Daniel back."

Dr Gaffney told reporters she was grateful to the court, and delighted she could have the family she and her husband had wanted.

"The last seven months have been by far the most challenging time of my life and I now want to privately prepare for the future with the support of my wonderful family," she said.

It is the second case of its kind in the state, after Toowoomba woman Ayla Cresswell was granted permission to conceive a baby with her late boyfriend's sperm.

That landmark decision was made last year, almost two years after Ms Cresswell's boyfriend died.

The pair had planned to get married and start a family.