My live-in boyfriend of 18 months tragically died in his sleep. I launched a lawsuit to harvest his sperm - these are the eye-opening details

A pistillate has won a ineligible bid to person sperm extracted from her dormant de-facto spouse for IVF attraction and volition question interstate for the process due to the fact that of a bizarre rule.

Stevii Griffin launched a suit successful the NSW Supreme Court on March 10 seeking to person a sperm illustration extracted from her fellow Brodie Davidson.

Mr Davidson died successful his slumber 2 days earlier connected March 8 aft the brace had been successful a de-facto narration since astir August 2023. 

Ms Griffin told the tribunal they had often spoken astir having a household and submitted a substance from Mr Davidson to backmost up her claim.

Mr Davidson's parent besides supported Ms Griffin's application. 

Justice Mark Richmond agreed Ms Griffin was entitled to possession of Mr Davidson's sperm and made orders for a illustration to extracted from his body.

He authorised Dr Derek Lok from Connect IVF to sojourn Lidcombe morgue, successful occidental Sydney, and retrieve and store the sperm. 

Medical experts urge that sperm beryllium extracted from a deceased man's assemblage nary aboriginal than 24 hours aft death, but determination are reports of unrecorded sperm being obtained arsenic precocious arsenic 48 hours aft death.  

A period aft the sperm was obtained, Ms Griffin was advised by the fertility session Queensland Fertility Group (QFG) that it would beryllium blessed to person the sperm and usage it successful an IVF treatment.

She decided to transport the illustration to Queensland for IVF connected the ground that NSW wouldn't let the attraction due to the fact that Ms Griffin didn't person the written consent of the deceased.

In Queensland, however, written consent is not required for posthumous semination. 

In May, Ms Griffin filed an amended summons successful tribunal seeking the merchandise of the illustration truthful she could transport it to Queensland. 

Justice Richmond concluded successful his determination helium was 'satisfied that it is due that the Court marque orders permitting the plaintiff to transportation the insubstantial illustration to Queensland for its projected usage determination successful her IVF treatment'.

He noted that without his orders successful March, the retention of the illustration astatine Connect IVF would person been unlawful.

NSW instrumentality permits the extraction of the sperm without the written consent of the provider, but not its storage, which the justice described arsenic 'odd'.

Applications similar Ms Griffin's were mostly made 'in circumstances of utmost urgency'.

He besides noted that though the instrumentality required written consent for specified sperm samples to beryllium utilized for IVF successful NSW, determination was nary prohibition connected transporting samples to a jurisdiction that didn't necessitate written consent. 

Justice Richmond said successful circumstances wherever the decease of the sperm supplier was unforeseen, urgent applications similar the 1 made by Ms Griffin successful March were 'unsurprising and tin beryllium expected to recur'. 

He described the evident struggle successful NSW instrumentality arsenic an important issue, and said it would beryllium 'desirable' for NSW Parliament to amend the legislation.

Ms Griffin declined to remark erstwhile contacted by Daily Mail Australia.