Woman can use dead husband's sperm

Sydney woman has won her battle to be able to use her dead husband's frozen sperm to try to have their baby.

Justice Robert Allan Hulme ruled in the NSW Supreme Court that Jocelyn Edwards is entitled to possession of the sperm recovered from the body of her late husband, Mark Edwards.

"Although there is no direct evidence, the clear and only inference is that she desires to have a child with the aid of assisted reproductive treatment," the judge said.

Ms Edwards, 40, married her husband in 2005 and after she had not fallen pregnant, they discussed fertility treatment and assisted reproductive technology and attended a clinic in early August 2010.

The couple expressed a preference for IVF and were to return on August 6 for discussions and to sign consent forms to commence treatment.

"Tragically, at about 12.15pm on 5 August, Mr Edwards was fatally injured in a workplace accident," the judge said.

The next morning a judge made orders allowing the posthumous extraction of sperm from Mr Edwards and this has been held at a laboratory pending the court case