Grieving widow cant use dead husbands sperm for IVF after paperwork blunder

A grieving widow is unable to use her dead husband's frozen sperm because of a paperwork blunder made 11 years ago.

Jade Payne, 35, is trying to conceive her late husband's baby through IVF, but she has to prove to a fertility clinic that he wanted a child.

Daniel, also 35, died of a brain tumour in December 2019 after making plans with his partner of 10 years to have baby.

Jade has now been told by TFP Oxford Fertility that in order to unlock Daniel's frozen sperm from 2010, she will have to win a High Court battle.

The dispute is centred on a "technicality" of Jade's name not being on Daniel's original sperm donation documents, despite more recent ones having her signature on them.

Jade, a nanny, said: “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."

Jade now has to collect letters from family, friends, a GP and some of Daniel's carers to prove his wish for her to have his children.

She said that her legal battle costs could run into thousands of pounds.

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Daniel froze his sperm 11 years ago ahead of testicular cancer treatment and the couple were planning to start IVF before a brain tumour Daniel had been living with returned in September 2019 and killed him three months later.

Jade, from Brackley, Northants, said that she and Daniel had already chosen baby names and decided how to design their nursery.

She said: "Having his child would mean the world to Daniel. It's something we were always going to do.

"Throughout our relationship he told me 'your name is on my sperm so you can use it when you want and it's yours'."

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Daniel was "certain" that he had included Jade's name on the initial sperm donation document but it emerged after his death that he was mistaken.

The couple had signed documents to start NHS-funded IVF at John Radcliffe Hospital in Oxford in July 2019 and faced no issues with the missing signature.

But when Jade asked about using Daniel's sperm after his death she was told that there wasn't sufficient evidence that she was entitled to the sperm.

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She added: “To have a ‘mini Daniel’ running around would mean the world to me. It’s just a shame I’m going to have to fight for it, especially considering how hard I fought alongside Daniel in his last three months of life.

“If the judge was to say no, it would be heart-breaking. I don’t know what I’d do, probably curl up into a ball, because, in effect, it would be like losing Daniel all over again.”

Jade's fundraising effort for her High Court battle is being supported by Brain Tumour Research.

TFP Oxford Fertility have been contacted for comment.

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