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Widow Denied Use of Sperm - Strange!
posted by Matt on 02:04 PM May 28th, 2005
Reproductive Rights Dittohd writes "From Australia: Do you find it really strange that a judge would deny a woman use of her dead husband's sperm because he hadn't given permission prior to death? I suspect the deal killer must have been that the courts would have no one to hit up for child support."

Double Gender Standards Down Under | Good article on Masculinity and Society  >

  
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Not so strange really, but weird enough! (Score:1)
by mcc99 on 02:24 PM May 28th, 2005 EST (#1)
It doesn't seem so strange, really, but the weird mental gymnastics one has to make to see it as being consistent with the notion of reproductive rights for men (or lack thereof) in general are astounding. If he were alive, he'd have no rights over his sperm once it left his body; if it somehow got into a woman's uterus and fertilized an egg resulting in a baby (eg: intercourse, surrepititous taking from a condom, artificial insemination, etc.) and he were still alive, there'd be no way for him to stop it or its effects on his life. Now that he's dead, however, the sperm can't be used without his permission.

Weird.

But as the poster said, the fact that there'd be no one ot get C/S from, that's gotta be relevant.
Re:Not so strange really, but weird enough! (Score:0)
by Anonymous User on 09:29 AM May 29th, 2005 EST (#4)
Now that he's dead, however, the sperm can't be used without his permission.

In the UK it can.....

BBC News story: Diane Blood

She was able to use here dead husband's sperm without his written consent.

west.

Re:Not so strange really, but weird enough! (Score:2)
by Dittohd on 10:21 AM May 29th, 2005 EST (#5)
>In the UK it can.....

Sorry if I'm being a bit picky, but it appears she had to go to Brussels to get the invitro done. The U.K. said no.

Isn't it amazing that even in the U.K. they're concerned about a man giving or not giving consent to having a child after he's dead but couldn't care less while he's alive.

Dittohd


Re:Not so strange really, but weird enough! (Score:0)
by Anonymous User on 03:50 AM May 30th, 2005 EST (#7)
Sorry if I'm being a bit picky, but it appears she had to go to Brussels to get the invitro done. The U.K. said no

You are correct. She had to go for treatment in another EU state, The UK said 'no' to both the invitro in the UK or in another EU state. The UK Court of Appeal over ruled lower court decisions on going to another EU state and so she went to Brussels.

The UK position is a little bit mixed up. The UK can not prevent a woman going to another EU member state for treatment although, as you say, the UK still considers the taking of sperm/eggs in these circumstances illegal.

However the dead father can be named on the birth certificate....
BBC Story:Posthumous fathers to be recognised



west.


Re:Not so strange really, but weird enough! (Score:2)
by Dittohd on 12:43 PM May 30th, 2005 EST (#8)
>However the dead father can be named on the birth certificate....

Wow! Very interesting!

I wonder if having the dead husband's name on the birth cirtificate automatically entitles the woman to "survivor" government benefits.

Dittohd


P.S. (Score:2)
by Dittohd on 10:33 AM May 29th, 2005 EST (#6)

Now if this woman had raped him while he was asleep and become pregnant as a result, the government would have said nothing and would have been totally supportive of her.

Their refusal to allow this procedure couldn't possibly be the government's concern about the feelings and desires of us men.

Dittohd


Even If You Are Dead..... (Score:2)
by Luek on 06:09 PM May 28th, 2005 EST (#2)
I suspect the deal killer must have been that the courts would have no one to hit up for child support

I think the late Ray Charles' estate is still paying child support for him. So even if you die you still get hit if it is in anyway possible.
Re:Even If You Are Dead..... (Score:2)
by Dittohd on 12:15 AM May 29th, 2005 EST (#3)

Without a never-ending income stream like Ray Charles probably has based on the royalties from all his songs, the government doesn't want to get hit for the welfare payments this woman and child could no doubt claim if she had the baby and then couldn't handle the expenses.

Ha! ha! It's amazing to me that the Australian government has the power to even stop something like this. I wonder how the government even got involved in this matter. The guy certainly wasn't around to complain.

Dittohd


Another take (Score:0)
by Anonymous User on 09:47 AM May 31st, 2005 EST (#9)
I suspect the deal killer must have been that the courts would have no one to hit up for child support.
Either that or welfare. There was nothing in that article about her occupation, source of income or means of support.
As a pregnancy seriously detracts from earning power it is likely that the State would become the father/provider for a case like this.

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