The right to posthumous use of sperm and the free movement of persons under European Community law

Abstract

The case of ex parte Blood concerned a high-profile challenge to the refusal of the Human Fertilisation and Embryology Authority to allow a widow to use her deceased husband‘s sperm for the purposes of undergoing fertility treatment. The legality of the Authority's refusal turned on the compatibility of this decision with Article 59 of the EC Treaty, which prohibits restrictions on the freedom to provide and receive services in the European Union, unless justified by a legitimate public interest. The Court of Appeal found that the Authority had failed to take adequate account of the applicant’s right under Article 59 when exercising its discretion not to allow export of the sperm. The applicant succeeded in having the decision reversed, due largely to the unique nature of her case.