Posthumous Sperm Removal

Aden Lawyers is a leading law firm in the area of posthumous sperm retrieval having acted for multiple applicants in Queensland, including the applicant in the recent landmark case of Re Cresswell [2018] QSC 142; [2018] 26 QLR (16/8583).

The passing of a loved one is always a tragic event however, if such a situation arises and you are considering using your partner’s sperm for in vitro fertilisation (IVF) purposes at a later date, you will need to apply to the Supreme Court for an urgent order authorising the removal.

Such applications ideally need to happen within 12-24 hours after death, as the chance of retrieving viable sperm after this time decreases dramatically as time passes. Aden Lawyers is experienced in such urgent applications and its staff are available 24 hours a day, 7 days a week. Furthermore, if you are successful in obtaining an order for the removal of sperm from a deceased, Aden Lawyers is also able to assist you with the post court requirements such as the following non-exhaustive list:

  • Obtaining the necessary consent from the coroner;
  • Liaising with the hospital and medical staff;
  • Organising an IVF clinic to store the sperm; and
  • Organising transport for the removed sperm.

While the application to remove sperm from a deceased person must happen as soon as possible, there is virtually no time limit on the second application seeking orders to be able to use the sperm for IVF purposes. As a result, this gives one the time to properly grieve, discuss their desires / concerns with friends and family, obtain counselling and consult suitably qualified medical practitioners.

If after a sufficient period of time has elapsed, and after receiving counselling and medical advice, the person wants to peruse the second application for orders to be able to use the sperm for IVF purpose, Aden Lawyers can assist you. At the present, Aden Lawyers is the only law firm in Queensland to successfully obtain such orders and as result, we are uniquely placed to understand the legal requirements for obtaining such orders, as well as being appreciative of our client’s emotional, physical and medical needs.

If you are considering an application for the removal of testes / sperm after the passing of a loved one, please be mindful that time is critical. If you have any questions, please call Aden Lawyers on 07 4638 3333 during office hours, or 0411 145 322 after hours.

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