Intended for healthcare professionals


Court rules that widower can try for baby using embryo made with his late wife

BMJ 2022; 377 doi: (Published 29 June 2022) Cite this as: BMJ 2022;377:o1611
  1. Clare Dyer
  1. The BMJ

A widower has won a landmark case in the High Court allowing him to try for a baby by surrogacy using the last remaining embryo he created with his late wife, despite her lack of written consent.

Ted Jennings and his wife, Fern-Marie Choya, were expecting twin girls conceived by IVF when, without warning, she died from a uterine rupture 18 weeks into her pregnancy.

Strict statutory provisions provide that embryos created during infertility treatment cannot be used posthumously without the written consent of the individuals from whose sperm and eggs they were created. But while the form for men provided by the regulator, the Human Fertilisation and Embryology Authority …

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