The judge allows the wife to extract sperm from her dying husband because they wanted a second child

Ms. Justice Gwynneth Knowles gave her approval at a hearing in the Protection Court

A judge who allowed a specialist to extract sperm from a 46-year-old man whose wife was undergoing fertility treatment said his decision was in line with his "hopes and dreams."

Ms. Justice Gwynneth Knowles gave her approval at a hearing in the Protection Court, where judges consider issues related to people lacking the mental capacity to make decisions, in London in July.

She has now delineated her reasoning in a written decision published on a legal website.

Lawyers representing the man's wife made an urgent request after suffering a sudden and traumatic brain injury.

Ms. Justice Gwynneth Knowles gave her approval at a hearing in the Protection Court

Ms. Justice Gwynneth Knowles gave her approval at a hearing in the Protection Court

Ms. Justice Knowles, who also oversees cases in the Family Division of the Superior Court, gave the woman permission to "recover and store her husband's sperm."

He was told that the man, who died shortly after the hearing, had suffered brain damage and was unable to make decisions on his own.

The judge heard that the couple, who had been married for almost four years, had a two-year-old son and wanted a second child.

They had been participating in a fertility treatment program when the man suffered the injury.

She said that no one involved could be identified.

"The couple had always wanted a brother or sister for their son and tried a new pregnancy as fast as they could after his birth," says Ms. Justice Knowles in her ruling.

The Protection Court at Archway Tower, Archway, north of London

The Protection Court at Archway Tower, Archway, north of London

The Protection Court at Archway Tower, Archway, north of London

"Unfortunately, they could not conceive naturally."

She adds: "It seems to me that (the man) would have chosen to allow the doctors to recover their sperm so that it can be stored and then used after their death so that their little one can have a brother or sister.

"That choice was totally consistent with the evidence before me and was consistent with what he had learned about (his) hopes and dreams for a family life with (his wife) and his own children.

"He was also pleased that (he) had contemplated what might happen if he died and that family life did not include him in person, but could include, however, a child conceived by (his widow) after his death using his sperm.

"Leaving aside and applying the law to the facts of this case, I have no doubt that the decisions I made (in favor of man) were in their best interest even if his death was imminent."

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