Widow can preserve sperm of late husband

Physiotherapist Beth Warren, 28, from Birmingham, challenged a storage time limit imposed by the UK fertility regulator.

She said the limit meant she had little over a year to conceive using sperm her husband Warren Brewer, who had cancer and died aged 32 two years ago, placed in storage.

Mrs Warren, who uses her 
late husband’s first name as her surname, asked a High Court judge to decide whether the sperm could stay in storage for a longer period.

Judge Mrs Justice Hogg, who heard evidence at a hearing in the Family Division of the High Court in London in January, ruled in Mrs Warren’s favour yesterday.

Mrs Warren gasped when the judge announced her decision.

A lawyer representing the Human Fertilisation and Embryology Authority (HFEA) told the judge that officials sympathised with Mrs Warren. But Jane Collier said Mr Brewer, a ski instructor, had not given written consent to his sperm being stored beyond April 2015.

A lawyer representing Mrs Warren told the judge that the authority was taking an ‘’excessively linguistic and technical approach’’ and suggested that every option had not been made clear to Mr Brewer.

Jenni Richards QC said Mr Brewer wanted to ensure that his sperm could be used by his wife after his death and had made his intentions clear.

Mrs Warren said: “I am elated. Every good word in the dictionary. I hadn’t dared to let myself believe it would happen.”

Mrs Warren added: “I don’t know where to start. Thank you to everyone who helped me. I am a little bit overwhelmed.”

She went on: “Now I feel I can just move on in my life.”

The HFEA was later given permission to appeal against the ruling by Mrs Justice Hogg.