Legal-Scenario (1 Viewer)

[gadbil]

Hey guys, we got the below scenario in my legal studies class and we have to have a variety of differnt views, so what are your thoughts:

In June 2001 a District Court judge had to decide whether a judge should be allowed to have access to her dead husbands sperm so that she could have a child that would be fathered by him. No legislatino existed that covered this issue. The judges decision would become the law in similar future cases.

What decision would you make in the above case? Why?

 

[SoulSearcher]

Ahh, a couple of very similar cases spring to mind, including the case last year where a Victorian woman was denied access to her husband's sperm because posthumous conception was illegal in Victoria at the time without written consent by the dead person, but she was then allowed to transport the sperm across to New South Wales, where posthumous conceptions are legal.

As for my decision, there would have been a lot of circumstances that would affect my decision, but I would probably rule in favour of the wife, as long as there was a genuine intention by the husband and wife to start up and raise a family if the sudden death had not occured.

 

[csuwai]

i dont think it is legal, even though its morally correct.. if i was the judge, ill only allow it if family members permit it to occur..

 

[SoulSearcher]

It's confusing, but only Victoria, SA and WA have legislations that specifically deal with posthumous conception. In WA and Victoria it is illegal to use the sperm of a dead person when trying for conception, while SA has regulations that specify that if there is no consent for the storage or use of sperm, it must be disposed of. Read this article for more info.