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Human rights – Right to respect for private and family life. The claimant widow of the deceased sought a declaration that it was lawful for the sperm of the deceased to be stored beyond 2015, so that it could be used by her for the purposes of conceiving children or a child. The Human Fertilisation and Embryology (Statutory Storage Period for Embryos and Gametes) Regulations 2009, SI 2009/1582 regarding written consent from a deceased had not been complied with due to an oversight at the clinic where the sperm was being stored. The Family Division relied on art 8 of the European Convention on Human Rights to override the strict meaning of the Regulations and allow the sperm to be stored further.
Human rights – Right to respect for private and family life. The claimant widow of the deceased sought a declaration that it was lawful for the sperm of the deceased to be stored beyond 2015, so that it could be used by her for the purposes of conceiving children or a child. The Human Fertilisation and Embryology (Statutory Storage Period for Embryos and Gametes) Regulations 2009, SI 2009/1582 regarding written consent from a deceased had not been complied with due to an oversight at the clinic where the sperm was being stored. The Family Division relied on art 8 of the European Convention on Human Rights to override the strict meaning of the Regulations and allow the sperm to be stored further.
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