Because of an 11 year-old error in paperwork, a widow who is grieving faces a High Court challenge to her husband’s frozen embryos to carry his baby.

Jade Payne (35), must prove that Daniel, her 35-year old partner, would have wanted Jade to become pregnant through IVF. He died in 2012, and Jade was left with Jade.

TFP Oxford Fertility said she was told by TFP Oxford Fertility that Daniel’s Sperm would need to be released. It had been frozen before he received treatment for testicular carcinoma in 2010. 

After being together for 10+ years, the couple planned to begin IVF. They also wanted to have a baby before Daniel, a brain tumor Daniel was suffering from, returned at an even higher grade, and killed him in December 2019.

It is centered on Jade’s name not being listed on Daniel’s original sperm donor documents. However, more recent documents have her signature.

Jade, who is a nanny, told MailOnline: ‘I have to prove my husband wanted my child, and there’s no guarantee after doing all of this that I’m going to win.

“I might be told that I cannot use his sperm because I do not have enough evidence to support his wishes. However, I could also have to pay for my IVF.

“My dog had an accident that cost me an arm, a leg and MRI scans. I am expecting legal fees for the incident to run into the tens of thousands. It was difficult to find an experienced solicitor for my case.

Jade Payne, 35, has to prove to her fertility clinic that her deceased partner Daniel (both seen on their wedding day in June 2018), 35, really wanted her to have his child through IVF

Jade Payne (35) must show her fertility clinic her proof that Daniel (both of them seen at their June 2018 wedding) really wanted Jade to have her baby through IVF.

She said that he first frozen his sperm to treat testicular cancer in 2010. After receiving a referral for IVF in 2014, we were unable to proceed with IVF. However, life intervened. We decided towards the end 2018 that we would restart the referral process. 

“When Daniel underwent his 2016 operation, his brain tumor changed in grade. With a rapidly-growing tumour, it was difficult to know what time he’d have or how much. 

“We had hoped to establish a family and a referral system so that he could spend as much time with his child as possible, but it never came to pass.

“I received a call from Daniel in October 2019, asking me if I was ready to begin IVF. My explanation was that Daniel had a terminal tumour and his grade had changed. So I couldn’t start IVF. 

“They told me that they would contact me when it is convenient because we had funding for 60 months.

Jade will now need to gather letters from Daniel’s family members, friends and a GP in order to confirm his desire for Jade to have his children. 

Her earlier statement was: “It’s disgraceful that I must prove anything to court.” He was my husband, and I wanted his child.

“It was something that we wanted together – we planned it together, but he passed away before we could have the opportunity.” 

Jade of Brackley (Northamptonshire) said that Daniel and she had already decided on baby names, and how to decorate their nursery.

She said, “Having Daniel’s child would mean everything to me.” This is something that we have always wanted to do.

“Your name is in my sperm. You can use it whenever you like and it’s yours.”

“We knew exactly what we wanted. After discussing baby names and buying a pram, how do we want the nursery to look?

Daniel passed away just three months after finding out that the brain tumour he had been living with since 2006 - a grade 2 astrocytoma - had grown

Daniel pictured on his wedding day in June 2018

Daniel, left and right, died three months after discovering that his brain tumor, a grade 2 Astrocytoma (which he was living with since 2006), had grown.

Fabricator Daniel was certain that Jade was included on his initial sperm donation form. However, it was discovered that he was wrong.

They had previously signed papers to begin NHS-funded IVF at John Radcliffe Hospital, Oxford in July 2019. The missing signature was not an issue.

But when Jade asked about using her husband’s sperm after his death she was told there wasn’t sufficient evidence showing that she was entitled to the sperm.

Jade said: ‘I do understand the legality of not having my name on the original document; it’s something Daniel thought he had taken care of but, even so, he and I have both signed documents since then and he was my husband so you’d think common sense would prevail.’

She said, “To have a mini Daniel running around would be the best thing for me.” 

“It’s just shame that I have to fight for it. Especially considering the way I fought with Daniel during his final three months. 

The couple, who were together for 10 years, were planning to start IVF and have a child before a brain tumour Daniel had been living with returned in full force in September 2019 and killed him three months later

After being together for 10+ years, the couple planned to IVF and have their child. But Daniel, a brain tumor he had lived with, returned in force in September 2019, killing him.

It would have been heartbreaking if the judge said no. It would feel like Daniel was losing his son again.

Daniel died just three months after discovering that his brain tumor, a grade 2 Astrocytoma, had grown.

His health quickly declined and he passed away two days prior to Christmas 2019,

Jade’s fundraising effort for her High Court battle is being supported by Brain Tumour Research.

She stated that the charity had been “100%” and added: “They’re amazing at what you do.” 

Hugh Adams is the head of stakeholder relations at the charity. He said that Daniel died from this terrible disease, leaving Jade alone to deal with the future.

“We will think of Jade when we get close to Christmas and the anniversary for Daniel’s passing.

MailOnline reached out to TFP Oxford Fertility in order for their comments.