It is currently illegal in Queensland to take, store, transport and use in IVF a man’s sperm, without his written consent so this will be a precedent. Ms Cresswell, 25, was in a relationship with her 23-year-old partner Mr Davies, when he died suddenly at their Toowoomba home on August 23, 2016. At that time, Ms Cresswell successfully applied for his reproductive tissue and sperm to be extracted and stored. It was kept in storage at an IVF clinic. Later, Brisbane barrister Kathryn McMillan, who represented her at the hearing, told the court that despite their young age, the couple had discussed settling down and starting a family.
Ayla and her died boyfriend Joshua Davies
Making opposition, Queensland Attorney-General by its representant, raised concerns about the rights of a dead person and whether Ms Cresswell could rightfully possess the sperm. Nothing was similar before in the Brisbane Supreme Court. Justice Susan Brown decided now Ms Cresswell’s ability to become a single parent based on her physical, emotional and financial status. Justice Brown said she was satisfied that Ms Cresswell was acting with the support of Joshua’s family and her father, and “that it is not contrary to Joshua’s wishes if she has a child with his sperm.”
