Tri-Service

Falklands Veteran's Widow Wins 'Last Chance' To Have His Child

The widow of a Falklands war veteran has won a High Court battle that gives her a "last chance" to have her late husband’s child.

Samantha Jefferies was forced to go to court after being told the embryos couldn't be stored for longer than two years after consenting to 10.

The 42-year-old and her husband Clive had been undergoing fertility treatment when he died suddenly of a brain haemorrhage. He was 51.

Judge Sir James Munby said the change in the storage period was "not valid" and the embryos could still lawfully be stored and used instead of being allowed to perish.

Mrs Jefferies said she didn't plan to use the embryos soon but added:

"I would love to be a mum."

She thanked the judge for looking into the history of her husband, who served in the Royal Army Medical Corps and was on board the transport ship Sir Galahad when it was bombed in the Falklands in 1982, killing 48 men.

She said Mr Jefferies was "a wonderful man" and that she wanted her husband’s child.

The judge said he was sorry Mrs Jefferies had ended up in court as a result of the mistakes of others.

Embryos, like sperm and eggs, can be stored for a maximum of 10 years before couples must renew their written consent.

Three embryos were created from Mrs Jefferies' eggs and her late husband's sperm, with consent for them to be stored for 10 years from August 11 2013. Her husband also consented to their posthumous use.

The couple married in 1999 and married in December 2006.

The court heard that they had always wanted to have children and had tried naturally for years before being referred for IVF treatment in 2013.

A number of amendments were made to Mr Jefferies' consent form but the one specifying a reduction in the storage period from 10 years to two had not been countersigned by him.

The judge said the embryos could be stored and used until august 11 2023, adding:

"I am just so sorry that people like you should have no idea that this can end up in court because of mistakes made by other people who should have known better."