A YOUNG widow is battling for the right to conceive a baby using sperm from her dead husband.

The sperm was taken from her husband while he was in a coma and he was unable to give his consent in writing, as the law requires.

But the couple had been trying for a baby before he was taken ill. And his widow makes the very valid point that she could have treatment with the sperm of an anonymous donor, who could be dead, as long as he'd left a piece of paper giving consent.

Also, had she been pregnant when her husband died, she would have had the right to an abortion.

Relatives may give consent for organs of dead people to be used to help save or improve lives. It seems logical that their permission should be accepted to create life.

The woman says that she and her husband had read an article about a widow impregnated by her dead husband's sperm and agreed that if they were ever in that situation that's what they would like to do.

The case will be heard in the High Court in London on Wednesday when Lord Lester QC, barrister for the widow, will argue that the requirement for consent applies only where sperm comes from a third party, not from the woman's husband.

That seems a sensible and humane approach to the situation. We hope the woman wins her case.

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