Grieving widow, 35, faces High Court battle to use her dead husband's frozen ...

Grieving widow, 35, faces High Court battle to use her dead husband's frozen ...
Grieving widow, 35, faces High Court battle to use her dead husband's frozen ...

A grieving widow is facing a High Court battle to use her dead husband's frozen sperm to have his baby because of a paperwork error made 11 years ago.

Jade Payne, 35, has to prove to her fertility clinic that her 35-year-old partner Daniel, who died two years ago, wanted her to have his child through IVF.

She said TFP Oxford Fertility told her that she will have to win a High Court battle before they can unlock Daniel's sperm, which was frozen ahead of his testicular cancer treatment in 2010. 

The couple, who were together for 10 years, were planning to start IVF and have a child before a brain tumour Daniel had been living with returned at a higher grade and killed him in December 2019.

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, who is a nanny, told MailOnline: 'I have to prove my husband wanted my child, and there's no guarantee after doing all of this that I'm going to win.

'I may get told I can't use sperm as I don't have sufficient evidence of his wishes, but on top of that I may have to fund my own IVF as well.

'My dog recently had an accident which cost me an arm and a leg in MRI scans, and I expect legal costs for this will run into tens of thousands. Then trying to find a solicitor who actually deals with my unique case is really difficult.'

Jade Payne, 35, has to prove to her fertility clinic that her deceased partner Daniel (both seen on their wedding day in June 2018), 35, really wanted her to have his child through IVF

Jade Payne, 35, has to prove to her fertility clinic that her deceased partner Daniel (both seen on their wedding day in June 2018), 35, really wanted her to have his child through IVF

She added: 'He first froze his sperm in 2010 because he had testicular cancer for a second time. In 2014 we got a referral to start IVF but then life got in the way and towards the end of 2018 we decided that we would start the referral process again. 

'When Daniel had his operation in 2016 his brain tumour actually changed grade and, with a fast-growing tumour, we didn't know how long he would actually have and whether it would be enough time. 

'We wanted to start a referral process and family so he would be able to have however long with his child but ultimately that never happened.

'I got phone call in October 2019 asking if we were ready to start IVF. I explained that Daniel's tumour had changed grade and he was terminal so I wasn't emotionally stable to start the process. 

'They said when the time is right I could make contact with them because our funding lasted for 60 months.'

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

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