This woman wins the fight from court to use her dead boyfriend’s sperm to have his baby

Ayla Cresswell who waited too long to have a baby has been told by a court that her dream of becoming a mother will happen.

It was nearly two years back when this 25-year-old girl had to face a heartbreak of having her boyfriend die while quickly setting about a legal process to save his sperm.

The girl had just 24 hours to get the donation from Joshua Davies and had to apply to the court to do so.

It was the first ever application of its kind for Queensland and today Ms Cresswell found out that all her efforts, as well as Mr Davies’ family’s, were worth it.

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It was a huge moment for the girl and the family when Justice Sue Brown handed down the landmark decision in the Supreme Court, announcing the couple can have a baby of their own.

The girl found her boyfriend dead at their Toowoomba home at 6.30am on August 23, 2016. She revealed that they dreamt of having a baby of their own for as long as they can remember. 

Ms Cresswell also informed the court that they were planning to get married before he died.

She had been to her GP to get a check-up in July that same year and was told her body was in perfect condition to have a baby.

Ms Cresswell had told her friends how excited she was, and shared a card with the court where Mr Davies said he hoped to spend the rest of his life with her. She also stated that she is capable, also having bought her first home and saving for the IVF process.

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Mr Davies’ family is also supporting her, saying he would have wanted Ms Cresswell to have his baby, and that he “would be honoured” for her to have his children.

“There is clear evidence that Joshua Davies expressed a desire to have children,” she said in her judgment, adding that was different to him consenting to Cresswell using his sperm if he died.

“I am satisfied ... any child which may be conceived as a result of the use of Joshua Davies’ sperm will be loved, cared for and able to be financially and emotionally supported, not only by Ms Cresswell but by the extended family,” she said.

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