EFE
The semen was frozen before her husband died from leukemia.
French citizen had left in his will his desire to allow assisted pregnancy.
In France the post mortem conception is prohibited; in Spain it is legal until one year after the death prior consent.
The French Council of State, the highest administrative body authorized Tuesday that a Spanish woman and widow of a French citizen receives in Spain semen frozen her late husband for a post mortem insemination, a practice banned in France but accepted in his country.
According to the opinion of that body, reject the export of cryogenic sperm would be a “manifestly excessive to their right to respect for private and family lives”.
the decision of the Council of State is in line with the report presented last week by the expert Aurélie Bretonneau week, which recommended an opinion in favor of that allow pregnancy assisted Mariana Gonzalez Gomez, 31 and Spanish nationality.
in France the post mortem conception is prohibited, but in Spain it is legal to one year after the death if there is prior express consent of the deceased.
a desire I wrote in the will
the bizarre case started a little less than a year, when Nicola Turri’s husband González Gómez, died 30 years because of a leukemia on July 9, 2015.
the death occurred one hour before the appointment that had his wife to be inseminated in Paris, where he then resided couple with sperm criogenizado in 2013, ie before Turri undergo a chemotherapy treatment that could leave him sterile.
the administrative process should conclude with the parental consent notary, scheduled for that day, but his death hours before the appointment, aborted plans.
the husband, however, had left written what they wanted in case of death in a will drawn up two months earlier, when he still thought he had options to overcome the disease
According to excerpts of the text published by Le Monde , said. “before not being able to write more, I want to give indications about the only thing I care about in my life now and from the instability of my future, samples (sperm). Mariana would want to make use of them if you want (…) this leukemia is fatal for me. “
After his rejection by an administrative court, the appeal to the Council of State of France is l ultimate to which you can appeal the widow in France, with a maximum period of 10 July in the calendar, when it expires year period allowed by Spanish law for cases of insemination post mortem.