Am I allowed access the frozen sperm of my late partner?

The Family Court recently held that it did not have jurisdiction to grant ownership of the frozen sperm of the Applicant’s late partner to her. The Applicant sought an order that she be granted ownership of Mr J’s sperm, with whom she had been in a relationship for two months prior to his death.

The reasons were that the parties had not lived in a de-facto relationship; the relationship between the applicant and Mr J did not break down; Mr J was not alive at the date the applicant filed her application; and jurisdiction is only enlivened once a child is born.

The judge who heard the application held that a power may have laid in State law for the Applicant to access Mr J’s sperm as the executor of his estate.