Dead man's testes removed after application by fiancee

The Supreme Court ruled the testes and sperm were to be provided to an IVF organisation and stored pending a future ...
The Supreme Court ruled the testes and sperm were to be provided to an IVF organisation and stored pending a future application for their use. Photo: Louise Kennerley

A Toowoomba woman is one step closer to being able to have a baby fathered by her dead fiancé, after successfully applying to have his testes removed and stored.

Leith Patteson was granted permission for the testes of her late partner Tony Deane to be removed after an emergency application in April, just a day after his death.

The Supreme Court ruled the testes and sperm were to be provided to an IVF organisation and stored pending a future application for their use by Ms Patteson.

The couple first met in August 2015, but shortly after Mr Deane was diagnosed with a rare form of blood disease.

Ms Patteson cared for her partner during his illness and in October they became engaged and were to be married this year.

The couple were anxious to have a child together and had been trying to conceive.

On April 18, Mr Deane was rushed to Toowoomba Base Hospital for an unrelated condition and declared brain dead. Two days later his life support was turned off.

For the testes and sperm to be viable for future use they had to be removed and processed within 24 hours of death.

On April 21 the Supreme Court ruled "there is power to grant such relief" for the procedure, but stressed a separate application must be lodged to allow the use of the sperm for IVF.