A TOOWOOMBA woman who previously won the right to harvest sperm from her deceased boyfriend will return to court to ask if she can use it to have his baby.
Josh Davies, 23, died in August last year and the girlfriend of the former Brothers football player Ayla Cresswell rushed to court hours after his death to ensure Mr Davies' sperm would stay feasible.
The Courier Mail reports that Toowoomba lawyer David Riwoe, acting for 24-year-old Ms Cresswell, said she was planning to continue with her legal bid to start a family with the former bricklayer Mr Davies.
The couple had planned to have three children before Mr Davies suddenly died.
Hours after he died Supreme Court Justice Martin Burns granted Ms Cresswell permission to have Mr Davies' "testes and any spermatozoa" removed at Toowoomba Hospital.
The tissue has been held by an IVF organisation pending a second court application which could allow Ms Cresswell to use the material.
Mr Riwoe said he expected he would file the second stage proceedings in the Supreme Court by July.
"We are still in the process of finishing our affidavits for the second stage," Mr Riwoe told the Courier Mail.
The family of Mr Davies has supported Ms Cresswell in her bid to have a baby.
Kimberley Hinton-Castle wrote of Mr Davies "this world lost a tremendous soul. Joshua Davies passed away far too soon" on a GoFundMe page following his death last year.
The crowd-sourcing page dedicated to supporting his family raised $16,855.
In a similar case the Queensland Supreme Court granted permission for Leith Patteson to extract the sperm from her former partner Tony Deane in April last year.
There is an urgent need to extract sperm from a dead body quickly. If it's not taken within 24 hours the sperm may not be usable.
Update your news preferences and get the latest news delivered to your inbox.