Many requests had been received from women who wished to undergo in vitro fertilization after the death of her husband, but the law and lack of judicial authorization had prevented her until very recently. The Valencian Institute of Infertility (IVI) has performed the first in vitro fertilization of a Valencian woman who lost her husband almost a year ago in a traffic accident.
Some time ago, the husband signed a document of advance directives (living will) in which he agreed and authorized that if he died, semen would be extracted so that his wife could have a child in the future. Before such document and the new law came into force in May 2006 that regulates assisted reproduction techniques, and that estimates the possibility of making a living will on fertilization consent, pregnancy is already effective and has exceeded the first trimester. Without the post-mortem in vitro fertilization authorization document by the male, the only one who can authorize insemination is a judge, something that had never happened in our country, according to the sources.
The period of use of the stored semen was about to be met, it cannot exceed twelve months after death, so the woman had to make the decision to get pregnant and has her baby in her womb, which will surely help her mitigate pain for the loss of her young husband.
The baby will have the legal effects that derive from any marriage, will have his father's last name and will be considered a legitimate child.
