France’s Conseil d’État [Council of State)] has ruled that Mariana Gomez-Turri can export her dead husband’s sperm to Spain, so that she can use it for in-vitro fertilisation.
In Canada, France, Germany, Sweden, and Italy, among other countries, it’s illegal to use a man’s sperm after he dies to conceive a child. But it’s legal in Spain.
Mariana Gomez-Turri’s husband, Nicola Turri, an Italian citizen, lived in France when he was diagnosed with cancer of the lymphatic system. He froze his sperm before starting chemotherapy, which is routine because cancer treatment can cause infertility. His treatment failed and he died in 2015.
His Spanish wife then moved back to Spain, and began a legal battle to create a child with his sperm, which was stored in France.
As Spanish law permits “post-mortem insemination,” she argued that the least France could do was allow her to export her deceased husband’s sperm.
Picture source: ScienceGenetics via Wikimedia