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15 January 2009
Issue: 7352 / Categories: Features , Public , Human rights
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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

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MOVERS & SHAKERS

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

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