The woman, who has been financially described as being of ‘limited means’, is arguing that her partner, a retired wealthy investment banker who is being kept medically alive after a series of heart attacks, would have given his written consent had he known ‘he would be in his current state’.
The woman’s lawyers say she is P’s common law wife and they have been together for several years and had extensive talks about raising a family.
The case is all the more urgent, as woman ‘AB’s’ partner of several years ‘could die at any time’.
Additionally, AB’s partner was subject to a ‘do not resuscitate’ (DNR) order, prompting fears he might die before the hearing, but Mrs Justice Carr ruled this week the order was legally flawed and should never have been made.
Speaking about the case, which is due to be heard over two days next month, AB’s counsel Richard Alomo argued:
‘There is clearly a public interest in having this issue settled once and for all. She (AB) wants to obtain a decision she genuinely and sincerely believes her partner would want.’
However a HFEA spokesman said today:
'The HFEA has every sympathy with this couple and the difficult situation they find themselves in.
'However, the law on consent to storage and use of sperm is clear: the HFEA has no discretion to grant special permission for sperm to be stored without the person’s consent.
'We have carefully considered this case, in which the HFEA has, for the first time, been asked to give permission to retrieve and store sperm from someone in a coma who has not given the consent required by the law governing IVF.
'We will continue to be responsive to the court and the claimant and take every step to ensure the case can be rapidly resolved.'