Grieving Widow Wants to Use Dead Husband’s Frozen Sperm to Have a Baby

A 35-year-old woman faces a High Court battle to use her dead spouse's frozen sperm to have a baby due to a documentation blunder made 11 years ago.

Nothing can prepare us for the loss of a loved one. Over time, the pain only worsens, and coping with grief can be deeply upsetting. A woman from Brackley, Northamptonshire, England, battled the same feelings after her husband's death.

Jade Payne met her husband, Daniel Payne, a couple of years after he was diagnosed with an incurable grade 2 astrocytoma in 2006 at the age of 22.

A LOVE THAT LASTS A LIFETIME

The couple tied the knot on June 22, 2018. Jade recalled her husband having no symptoms or headache, which meant nobody could have guessed he had a brain tumor by looking at him. She shared with Brain Tumour Research:

"I just accepted him for who he was – he didn’t let it affect him and I wasn’t going to disown him because of his condition."

Daniel fought a 13-year-long battle with the disease, during which he had testicular cancer twice and underwent four brain surgeries, leading to an abscess and a severe infection.

TRIALS AND TRIBULATIONS

Unfortunately, his health only deteriorated with time, and he lost his ability to walk, talk, or perform daily tasks independently. Jade stayed by his side throughout his cancer journey and assured him of her unwavering love and support.

Jade also wishes to raise awareness about the possible dangers of brain tumors and the lack of funding they receive.

The last three months of his life were the most challenging as his tumor intensified into a grade 4 glioblastoma multiforme (GBM). Resultantly, he lost control of his body and reached a point where he decided to discontinue his treatment.

TILL DEATH DO US PART

Daniel passed away at home on December 23, 2019, with his wife by his side. Jade expressed she felt heartbroken watching him struggle in his last days because that wasn't what he wanted. She also added:

"I’ve struggled with things like his birthday and our anniversary, and it looks like I’m going to have a court battle on my hands to be able to use his frozen sperm for IVF."

Jade is now facing a High Court battle to prove to her fertility center that her 35-year-old husband wanted her to have his baby through IVF because of a documentation error made more than a decade ago.

THE HIGH COURT BATTLE

The widow said TFP Oxford Fertility told her she'd have to win a court case to use Daniel's sperm, which was frozen before his testicular cancer treatment in 2010. She told Daily Mail:

"I think it's disgusting that I have to prove anything to the court. He was my husband and I want his child. It's something we both wanted - we were planning it together and then he died before we got the chance."

The Paynes had signed paperwork to start NHS-funded IVF at John Radcliffe Hospital in July 2019. But after Daniel's death, Jade discovered insufficient evidence proving she was entitled to use her husband's sperm.

RAISING AWARENESS

Jade, a nanny, has organized a GoFundMe fundraiser to fund her High Court battle. So far, £892 ($1,195) has been raised of £20,000 ($26,792) goal. Her fundraising efforts are also being supported by Brain Tumour Research.

In the UK, IVF treatments are regulated by the Human Fertilisation and Embryology Act of 1990. Jade also wishes to raise awareness about the possible dangers of brain tumors and the lack of funding they receive.