The Supreme Court of Queensland (Australia) recently ruled that a dead man’s former girlfriend was within her legal rights in seeking to have his sperm and reproductive tissues removed, and the sperm become her legal property. Ayla Cresswell wants to use her ex-boyfriend’s sperm to make a baby even though Joshua Davies never consented to that prior to his death two years ago.
In her decision, the presiding judge wrote: “Once the sperm was separated from the body of Joshua Davies, it was property capable of permanent possession given that its removal, separation and preservation was the result of the lawful exercise of work and skill.”
Which raises the question: WTF?!? You could say that about the man’s penis as well. Or his wallet. Or kitchen countertops.
She added: “Ms. Cresswell was prima facie entitled to possession of the sperm as Joshua Davies’ partner, as the medical and laboratory staff were acting as her agents in undertaking the work and skill required to separate and preserve the sperm.” Am I entitled to the eggs of my former girlfriends? Their “reproductive tissue?” Tits?
Reports stated that, in reaching her decision, the judge had to consider “whether the deceased’s sperm and reproductive tissues were removed in accordance with relevant tissue and transplant laws and whether or not the sperm could be owned. Where does one go to get title to another person’s bodily fluids? City Hall?
The reason Joshua Davies is dead is because he committed suicide after living with Cresswell for nearly three years. This does not necessarily speak highly of Cresswell, nor does it seem to indicate that Davies would want her to be his children’s mother.
There are a couple things dead men don’t do. They don’t tell any tales. They don’t wear plaid.
And, apparently, they don’t own their own sperm.