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A Scottish decision in which the Inner House of the Court of Session granted a widow s petition to allow her to use her late husband s sperm for IVF treatment. The primary question was whether or not his will, together with forms signed consenting to the use of his sperm in inter alia intra uterine insemination (IUI), constituted the requisite consent for use in IVF under HFEA 1990, Sch. 3.
The parties (JB and SB) met and married. When JB s serious illness recurred, they agreed to commence fertility treatment, and were referred to a consultant by their GP. On medical advice JB had stored his sperm at the onset of his disease ten years previously and prior to meeting SB. Unfortunately however, JB s health deteriorated before treatment could begin.