REPRODUÇÃO ASSISTIDA "POST MORTEM"

O Supremo Tribunal da Austrália permitiu a uma mulher tirar e armazenar o esperma de noivo morto em passagem de nível.

A magistrada Roslyn Atkinson, em uma decisão que acaba de ser publicada, deferiu o pedido urgente de Kelly Floyd para remover o esperma de seu companheiro Troy Jarvis, que foi morto por um trem em Brisbane, na manhã de 12 de julho. (Fonte Migalhas).

Assisted reproductive treatment

Supreme Court allows woman's application to take and store sperm from dead fiance, who was killed at level crossing

A Brisbane Supreme Court judge granted an a woman's application to remove and store the sperm of her partner who was killed in a level crossing accident.

Justice Roslyn Atkinson, in a just published decision, granted Kelly Floyd's urgent application to remove sperm from her de facto husband, Troy Jarvis, who was killed by a train in Brisbane on the morning of July 12.

Justice Atkinson, in her six-page written order delivered "ex tempore'' last month, said Ms Floyd made the urgent application "orally by phone call'' to her associate within hours of Mr Jarvis's death. (Fonte: Migalhas)

A DECISÃO:

SUPREME COURT OF QUEENSLAND CITATION:	Re Floyd [2011] QSC 218
PARTIES:	KELLY FLOYD (applicant)
FILE NO/S:	SC No 6068 of 2011
DIVISION:	Trial Division
PROCEEDING:	Application
ORIGINATING COURT:	Supreme Court of Queensland
DELIVERED ON:	Delivered ex tempore 12 July 2011
DELIVERED AT:	Brisbane
HEARING DATE:	12 July 2011
JUDGE:	Atkinson J
ORDERS:	1. The Court authorises the removal of any testes and spermatozoa from the deceased, Troy Jarvis; 2. The Court authorises the provision of that material removed to an IVF organisation nominated by the applicant, Kelly Floyd; 3. The Court authorises any blood tests advised by the IVF organisation to be carried out; and 4. The Court authorises the storage of the sperm obtained pending a future application to the Supreme Court for the use of that sperm.
CATCHWORDS:	PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – JURISDICTION AND GENERALLY – GENERALLY – where the applicant made an urgent application seeking an order authorising the removal of testes and spermatozoa from her recently deceased partner – whether the applicant could obtain such an order PERSONAL PROPERTY – OTHER CASES – whether the applicant was entitled to an order for removal of the deceased’s testes and spermatozoa Coroners Act 2003 (Qld), s 8(3)(b) Transplantation and Anatomy Act 1979 (Qld), s 23, s 24 Baker v State of Queensland [2003] QSC 002, cited Bazley v Wesley Monash IVF Pty Ltd [2010] QSC 118, cited Jocelyn Edwards; Re the estate of the late Mark Edwards [2011] NSWSC 478, followed

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