Chapman v South Eastern Sydney Local Health District [2018] NSWSC 1231
Supreme Court of New South Wales
Fagan J
Personal property – plaintiff was deceased’s widow – samples of sperm of deceased had been extracted, cryopreserved and stored at hospital – plaintiff sought declaration of entitlement to sperm’s possession – plaintiff sought orders discharging restraint on removal from storage and use of sperm – parens patriae jurisdiction – Guardianship Act 1987 (NSW) – Human Tissue Act 1983 (NSW) – held: declaration granted that plaintiff entitled to sperm – first defendant to deliver
up possession of sperm to plaintiff on conditions in respect of transportation – sample to be destroyed if not collected by certain date.
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