The husband, his widow, his sperm and the court...

Abstract

[Extract] A recent decision in the New South Wales Supreme Court found that Ms Edwards, the wife of a deceased man had a possessory interest in his sperm, removed after his untimely death. The decision is interesting to property lawyers for a number of reasons. First, it discusses at some length the nature of the interest found to vest in the applicant wife. Secondly, it highlights the challenges involved in identifying rights in the human body, or parts of it, in favour of third parties.