A Queensland woman has won the right to use her dead boyfriend’s sperm to have children. In a landmark decision, Brisbane Supreme Court justice Sue Brown granted the woman permission on Wednesday. Ayla Cresswell was in a relationship with Joshua Davies for about three years when he took his own life in August 2016. Justice Brown determined Ms. Cresswell should be able to use Joshua’s reproductive tissue but said it was up to the particular medical clinic to decide if it was satisfied to go ahead with the procedure. She also ruled that Ms. Cresswell was the only person entitled to use the sperm.

Being in relationship for three years, Ayla and Joshua were planning to get married and have children. Following his sudden death, within 48 hours the court granted permission for his sperm to be harvested. Ms. Cresswell sought approval from the court to use the sperm which is being held at an IVF clinic. The judgement said Mr. Davies ‘without any apparent warning signs or any obvious trigger, took his own life’ and had sought help for depression. The court further decided the sperm was capable of being deemed ‘property’ and that Ms. Cresswell was entitled to permanent possession of it.

Justice Brown also said that she was satisfied the young woman’s decision was not ‘an irrational response to grief’. “I am satisfied…any child which may be conceived as a result of the use of Joshua Davies’ sperm will be loved, cared for and able to be financially and emotionally supported, not only by Ms Cresswell but by the extended family,” she said. Cresswell did not comment outside court but her barrister, Kathryn McMillan QC said her client was relieved.

(The above story first appeared on LatestLY on Jun 20, 2018 05:52 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).