Josh Davies with partner Ayla Cresswell.
Josh Davies with partner Ayla Cresswell.

Woman given green light to use dead partner's sperm


AYLA Cresswell will finally be able to have her dead partner's child after a landmark court ruling.

Justice Sue Brown gave Ms Cresswell, a Toowoomba woman, the green light at the Brisbane Magistrates Court on Wednesday.

 "This is a landmark decision. Never before in Queensland has the sperm of a dead person allowed to be extracted and then used for the purposes of procreation," Bill Potts of Queensland Law Society said outside court.

The 25-year-old has been fighting for two years to have a child by her dead partner. 



AYLA Cresswell will today find out if her dream of becoming a mum will happen.

It was nearly two years ago when the 25-year-old had to face the heartbreak of having her boyfriend die while quickly setting about a legal process to save his sperm.

The Toowoomba bank worker had just 24 hours to get the donation from Joshua Davies and had to apply to the court to do so.

It was the first application of its kind for Queensland and today Ms Cresswell will find out if all her efforts - as well as Mr Davies' family's - will come to fruition.

Justice Sue Brown will hand down her decision in the Supreme Court, finally ruling whether the couple's dream will be fulfilled.

Ms Cresswell found her partner dead at their Toowoomba home at 6.30am on August 23, 2016.

She said the couple of three years dreamt of having a baby together.

Ms Cresswell has previously told the court they were making plans to get married and start a family before he died.

She had been to her GP to get a check-up in July that year and was told her body was in perfect condition to have a baby.

Josh Davies with partner Ayla Cresswell. Today she will find out if she gets to have his baby.
Josh Davies with partner Ayla Cresswell. Today she will find out if she gets to have his baby.

Ms Cresswell had told her friends how excited she was, and shared a card with the court where Mr Davies said he hoped to spend the rest of his life with her.

Mr Davies' testes and sperm have been held by an IVF provider, pending today's decision.

Justice Brown will have to consider whether Ms Cresswell understands the difficulties raising a child by herself.

Her psychologist Yvonne Rosman previously told the court she had counselled Ms Cresswell and believed she had had enough time to grieve for Mr Davies and come to terms with the challenges she might face as a sole parent.

Ms Cresswell has told the court she thinks she is capable, also having bought her first home and saving for the IVF process.

Mr Davies' family is also supporting her, saying he would have wanted Ms Cresswell to have his baby, and that he "would be honoured" for her to have his children.

One of Davies' friends also revealed text message exchanges showing he wanted to become a father.

Read the full story on Ms Cresswell's legal battle here. 

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