Man can use late wife's embryo to have kid after she died, High Court rules
Justice Theis said: "Turning to the issue of Ms Choya's consent, I am satisfied that, in the circumstances of this case, the court can infer from all the available evidence that Ms Choya would have consented to Mr Jennings being able to use their partner-created embryo in treatment with a surrogate in the event of her death.
She ruled there was "no conflict of individuals' rights" and that permitting Mr Jennings to go ahead "would not undermine a fundamental objective of the statutory scheme, namely the requirement for consent". The court was told accountant Fern-Marie underwent three unsuccessful cycles of IVF treatment in 2013 and 2014.The couple then had further IVF in 2017 and 2018 after rem-mortgaging their home in Highbury, North London, to pay for the treatment.Tragically she developed complications at 18 weeks which resulted in a uterine rupture.
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