Woman, 25, wins fight to use her dead boyfriend’s sperm to start the family of three they planned

A young woman who fought to use sperm she harvested from her dead boyfriend’s body has won her court case.

Brisbane Supreme Court justice Sue Brown handed down her landmark decision on Wednesday. 

Ayla Cresswell, 25, was granted permission to harvest sperm from her boyfriend Joshua Davies immediately after he died suddenly in August 2016.

Ayla Cresswell was granted permission to harvest sperm from her boyfriend Joshua Davies immediately after he died suddenly in August 2016 (pictured is the couple)

'It is my honest belief that this is what Joshua would have wanted,' said Ms Cresswell (pictured with Mr Davies) 

‘It is my honest belief that this is what Joshua would have wanted,’ said Ms Cresswell (pictured with Mr Davies) 

That decision was followed by today’s ruling from Justice Brown which determined Ms Cresswell should be able to use Joshua Davies’ reproductive tissue.

But she said it was up to the particular medical clinic to decide if it was satisfied to go ahead with the procedure.  

Ms Cresswell, a bank worker, discovered her boyfriend dead in their Toowoomba home, 130km west of Brisbane in August 2016.

Within hours, Ms Creswell was granted permission to have Mr Davies’ testes and spermatozoa harvested and stored at an IVF facility.

Ms Cresswell has said it was the young couple’s dream to start a family and have three children together.

After two years of relentless campaigning, a judge will decide whether Ms Cresswell (pictured right, with friends) can move forward with the process

After two years of relentless campaigning, a judge will decide whether Ms Cresswell (pictured right, with friends) can move forward with the process

‘Joshua told me that he was very excited at the prospect of being a father and we often talked about having children and the effect it would have on our lives,’ Ms Creswell told a court.

‘It is my honest belief that this is what Joshua would have wanted.’

After two years of relentless campaigning, the judge decided Ms Cresswell can move forward with the process.

Justice Brown’s decision considered Ms Cresswell’s ability to become a single parent based on her physical, emotional and financial status.

Ms Cresswell (pictured, left, with supporters outside court) learned her fate in Brisbane on Wednesday

Ms Cresswell (pictured, left, with supporters outside court) learned her fate in Brisbane on Wednesday

After two years of relentless campaigning, a judge decided Ms Cresswell (pictured, second from left) can move forward with the process

After two years of relentless campaigning, a judge decided Ms Cresswell (pictured, second from left) can move forward with the process

Ms Cresswell (pictured, second from right) previously told the court she was financially able to become a single mother

Ms Cresswell (pictured, second from right) previously told the court she was financially able to become a single mother

Ms Cresswell previously told the court she was financially able to become a single mother. 

‘I believe that I am sufficiently affluent to be able to raise a child by myself,’ she told the court.

The 25-year-old woman had the support of her family and her late boyfriend’s family, who told the court they were very willing to help raise the children.

The decision sets a legal precedent in Australia for women seeking to use the sperm of their late partners to have children.  

The 25-year-old woman had the support of her family and her late boyfriend's family, who told the court they were very willing to help raise the children (pictured are Ms Cresswell and Mr Davies)

The 25-year-old woman had the support of her family and her late boyfriend’s family, who told the court they were very willing to help raise the children (pictured are Ms Cresswell and Mr Davies)



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