Doctor who had her dead husband’s sperm extracted the day AFTER he died from a heart attack launches legal battle to have his child
- Dr Jennifer Gaffney extracted her late husband’s sperm a day after he died
- She is now seeking court permission to allow her to impregnate herself with it
- Dr Gaffney said it was always her and her husband’s plan to grow their brood
A doctor who extracted her late husband’s sperm the day after he died has launched a bid to conceive his second child.
Dr Jennifer Gaffney, 35, an anaesthetist, and Dr Daniel Gaffney, 38, a dermatologist, lived in Queensland but are both originally from the UK.
The couple had been together for more than 12 years and already had a toddler son but were looking to have another child.
But on November 6, 2018 Jennifer Gaffney learned her husband had suddenly died after suffering a sudden heart attack during a work trip to the Sunshine Coast.
She had only returned home from an appointment with a fertility specialist hours prior, ABC reported.
Dr Jennifer Gaffney, 35, an anaesthetist, and Dr Daniel Gaffney, 38, a dermatologist, originally from the UK, had been together for more than 12 years and were looking to get pregnant again
Dr Gaffney texted that same specialist shortly after learning of her husband’s death, and along with verbal consent from a Queensland coroner, she had testicular tissue removed from his body and preserved.
She is now seeking permission from the Supreme Court in Brisbane to use her dead husband’s sperm.
‘I have carefully considered this application to make sure that this is not made in response to my grief,’ Dr Gaffney wrote in an affidavit filed to the court.
‘I have firmly formed a view that not only is this what Dan would want, it is what I want in his absence.
‘I also strongly believe that another child will be in the best interests of [our other child].’
But on November 6, 2018 Jennifer Gaffney learned her husband had suddenly died after suffering a coronary artery dissection during a work trip to the Sunshine Coast
Dr Gaffney said she and her husband were always planning to grow their brood, and that she would be willing to do so as a single parent in light of the circumstances.
She is seeking permission from the court to use the harvested sperm to impregnate herself with the couple’s second child.
The case is reminiscent of Ayla Cresswell, 25, who was granted permission to harvest sperm from her boyfriend Joshua Davies immediately after he died suddenly in August 2016.
In June 2018, Brisbane Supreme Court justice Sue Brown handed down her landmark decision, allowing Ms Cresswell to use the sperm to fall pregnant.
Dr Gaffney’s application seeking the right to possess and use her husband’s spermatozoa for treatment is listed for directions on June 21 in the Supreme Court in Brisbane.
Dr Gaffney said she and her husband were always planning to grow their brood, and that she would be willing to do so as a single parent in light of the circumstances