Birmingham & Black Country

Beth Warren waits on sperm legal fight result

Beth and her husband Warren Image copyright B Warren
Image caption Beth Warren and Warren Brewer were together for eight years

A widow is waiting to hear whether she has won a legal fight to preserve her late husband's sperm.

At the High Court, physiotherapist Beth Warren, 28, from Birmingham, has challenged a storage time limit imposed by the UK fertility regulator.

Mrs Warren's husband, Warren Brewer, 32, died from cancer in 2012.

She said the April 2015 limit meant that she had little time to conceive using sperm he had placed in storage before radiotherapy treatment in 2005.

'No written consent'

Mrs Warren, who uses her late husband's first name as her surname, asked a High Court judge to rule that the sperm could stay in storage for a longer period.

Mrs Justice Hogg heard evidence from Mrs Warren and the regulator, the Human Fertilisation and Embryology Authority (HFEA), at a hearing in the Family Division of the High Court in London.

She reserved judgment and said she would deliver a ruling at a date to be fixed.

Lawyer Jane Collier, representing the HFEA, said officials sympathised with Mrs Warren but added Mr Brewer, a ski instructor, had not given written consent to his sperm being stored beyond April 2015.

'Limit my choices'

Mrs Warren's lawyer Jenni Richards QC said the authority was taking an "excessively linguistic and technical approach" and suggested every option had not been made clear to Mr Brewer.

She added Mr Brewer had wanted to ensure that his sperm could be used by his wife after his death and he had made his intentions clear.

Mrs Warren told the court: "I am sure there is absolutely no way he wanted to limit my choices in this situation."

Diane Blood, a woman who fought a similar battle nearly 20 years ago, was in court to offer Mrs Warren support.

In the mid-1990s, Mrs Blood, 47, from Worksop, Nottinghamshire, won a court fight for the right to use her late husband's sperm.

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