header-logo header-logo

15 January 2009
Issue: 7352 / Categories: Features , Public , Human rights
printer mail-detail

Life after death

Seamus Burns discusses the grey areas of law and ethics surrounding donor consent

Tragically, in June 2007 H, (who was married to L and had a 10-month old daughter), died unexpectedly in hospital after an appendectomy. The couple had not had any discussions as to what should happen if H (aged only 31) died in hospital. H’s death came as a hammer-blow to L, and as Mr Justice Charles in L v The Human Fertilisation and Embryology Authority [2008] EWHC 2149 (Fam) said “…the steps that she took in its immediate aftermath were motivated by the wishes of herself and her husband to have another child, her wish to have another child who by blood would be a full sibling to her existing child and time to think about whether she should pursue that course”. Clearly L had to act immediately and decisively to retrieve and preserve H’s sperm. Thus, she made an out of hours application to Mrs Justice Macur, for declaratory relief on 26/6/2007.

The hospital, but not the Human Fertilisation and Embryology Authority

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
back-to-top-scroll