Canada B.C. woman loses fight to preserve sperm taken from dead husband

07:10  11 december  2019
07:10  11 december  2019 Source:   cbc.ca

1 dead, 3 injured in shooting at east end Montreal reception hall

  1 dead, 3 injured in shooting at east end Montreal reception hall The homicide marks Montreal's 17th recorded killing of 2019. --With files from The Canadian Press

Prior to his death he took the steps necessary to carry out his wish that his wife be able to use his sperm in the future. Given that her brother was killed in a car accident only weeks before her husband ’s death , she says she's currently not in a state of mind to consider such weighty matters.

An Australian widow has won a legal bid to remove and preserve sperm from her dead husband in a landmark ruling in the state of Queensland. In a state first, Justice Roslyn Atkinson ruled the medical procedure could take place, but that the sperm could not be used in a fertility treatment unless a

A B.C. woman has lost her bid to preserve sperm taken from her husband after his death. A judge found that the man had not provided written consent.© Provided by cbc.ca A B.C. woman has lost her bid to preserve sperm taken from her husband after his death. A judge found that the man had not provided written consent.

In the hours after D.T.'s death, his wife made a desperate plea to a judge.

Her husband had died unexpectedly and without a will. The couple had only recently become parents. And while it was still possible, she wanted the court to approve the removal of D.T.'s sperm in the hopes their daughter could have a sibling.

The judge gave the order.

But the legal implications of giving one Canadian rights to another's reproductive material were unclear. And so D.T.'s sperm has sat frozen since October 2018.

Alberta loses beer battle in Appeal Court, but won't have to repay brewers

  Alberta loses beer battle in Appeal Court, but won't have to repay brewers EDMONTON — Alberta's top court has dismissed the province's appeal of a ruling that disallowed a program meant to promote local craft beers. But the Court of Appeal tossed out part of an earlier judgment that granted two out-of-province brewers more than $2 million in damages. In a unanimous decision, the court found that a 2015 policy by the previous NDP government to charge retailers a higher markup for beer brewed outside British Columbia, Alberta and Saskatchewan was a barrier to interprovincial trade, which violates the Constitution.

A woman has given birth to a healthy baby boy who was born using sperm collected from his father 48 hours after he died, Canberra, Australia. The boy’s mother had to fight the Supreme Court of Australia to get permission to ‘harvest’ her late husband ’s sperm when he was killed in a motorbike accident.

Shortly before her husband died, a B . C . woman promised him she would use his stored sperm to have the baby they both wanted regardless of whether he died. But the woman , who is identified only by the initials K.L.W. in a court ruling

This week, B.C. Supreme Court Justice David Masuhara delivered a ruling he appeared reluctant to give.

"Unfortunately I must dismiss the petition," he wrote.

"The order authorizing the removal and storage of the sperm of Mr. T is terminated."

What happens to sperm after death?

Even as he gave his decision, Masuhara put a 30-day halt on the order to destroy the sperm in order to give D.T.'s widow — L.T. — a chance to appeal. Their names have not been made public.

The 12-page ruling delves into the legislation surrounding reproductive rights and legislation specifically written to take into account the complexities of reproductive technology.

L.T. claimed the law overlooked her specific situation: the widow of a young man who would have wanted her to have his sperm, but who died without making his wishes known in writing.

1 woman dead, 2 others injured after carbon monoxide exposure in Laval, police say

  1 woman dead, 2 others injured after carbon monoxide exposure in Laval, police say Police still do not know how the three people were poisoned by the toxic gas, but they do not suspect foul play, according to Laval police spokesperson Sgt. Geneviève Major. Police were called to the townhouse at around 2:30 p.m. in the Laval-des-Rapides district, near the intersection of Ampère Avenue and de Royan Street. They were told a man was in respiratory distress, but when police arrived, they discovered there were multiple victims — including the woman who was declared dead on the spot. A 53-year-old man and a 40-year-old woman were treated for carbon monoxide poisoning at the hospital.

Judge rules in favour of Beth Warren, who challenged storage time limit imposed by UK fertility regulator.

A widow is fighting for the right to have a child using sperm taken from her dead husband in a case that reopens the fertility debate sparked by Diane Blood Blood, who also had to fight to have her dead husband legally recognised as the father of her two sons, is supporting the woman 's application.

And if that argument wouldn't fly, she claimed she should have property rights over her late husband's sperm.

The couple had been in a long-term relationship and had been married three years. D.T. died suddenly.

"Evidence was provided from various persons close to Mr. T indicating that he wished to have more children, that his child have siblings, and that Mr. T experienced great joy in being a parent," Masuhara wrote.

"There is no question that he looked forward to parenting and having more children and for his daughter to have siblings."

But the judge said neither D.T. nor L.T. considered what should happen to their reproductive material if they died.

"Like most other young couples, they had not put their minds to that circumstance," Masuhara wrote.

But Parliament had. The Assisted Human Reproduction Act says "no person shall remove human reproductive material from a donor's body after the donor's death for the purpose of creating an embryo unless the donor of the material has given written consent."

Woman and man found dead in Brampton home, Peel police say

  Woman and man found dead in Brampton home, Peel police say Woman and man found dead in Brampton home, Peel police sayPolice said emergency crews were called to a home on Bighorn Crescent, north of Torbram Road and Bovaird Drive East, before 2:10 p.m. on Monday.

Widow tries to preserve late husband 's sperm . Widow meets man who received husband ’s face in transplant.

Beth Warren speaks outside the high court in London after winning her fight to preserve her late husband 's sperm .

The law was written in the wake of a royal commission report which, Masuhara said, identified numerous "ethical and legal dilemmas" raised by the ability of modern science and technology to preserve reproductive material long after the humans who produce it turn to dust.

"The potential complexities, consequences and ramifications are unclear," the report said.

"Given this, it seems to [the] commissioners necessary to have some limits, and the death of either partner is a clear and practical limit."

The judge said he found it unlikely lawmakers would have made a provision for written consent to posthumous removal of sperm without considering that death would be unexpected for most people "who are at a stage in their life where they are desiring to have children."

The judge compared D.T. and L.T.'s situation to another case in which a B.C. man failed to give written consent for the posthumous use of his sperm but clearly communicated his wishes to a social worker, a nurse and his wife.

In that case the man had also consented to the donation and storage of his sperm before he died, and his wife successfully argued that she should be able to access the sperm.

"In the present case, the removal was pursuant to a posthumous interim order of the court," Masuhara wrote.

And D.T.'s wishes were never made clear.

'That is not the case here'

Failing to successfully challenge the law, L.T. essentially argued that the sperm was her property.

But the judge also rejected that claim, pointing out that he had only ordered the sperm preserved so that it could still be used if L.T. won her legal argument.

And that didn't make it anyone's property.

"Under present legislative circumstances, our policy makers require an individual to formalize their informed consent in writing if she or he wishes to permit the posthumous removal of their reproductive material," Masuhara concluded.

"Regrettably, that is not the case here"

L.T.'s lawyer has not indicated whether she intends to appeal.

Deaths of mother, 2 sons in Pointe-aux-Trembles now considered triple homicide .
Dahia Khellaf, 42, and her sons, Askil, two, and Adam, four, were found dead last Wednesday in their east-end Montreal home. The night before their bodies were discovered, the woman's husband, Nabil Yssaad, 46, took his own life.Police confirmed Tuesday the two events are linked. They are exploring the possibility of a murder-suicide.The investigation continues.Yssaad had been charged with two counts of assault against Khellaf for separate incidents in August 2018. He was recently acquitted and had signed a peace bond, agreeing not to contact his wife for a year.  © Provided by cbc.

—   Share news in the SOC. Networks

Topical videos:

usr: 9
This is interesting!