A woman fighting a legal battle to use her late husband’s sperm for IVF left viewers divided after appearing on This Morning to share her story.
Jade Payne (35), from Brackley in Northamptonshire will require permission from High Court to use the frozen sperm of her deceased husband to have her baby. This is due to a 11-year old paperwork error.
This dispute centers around Jade’s name not being on Daniel’s original Sperm Donation documents, despite her signing on more recent copies.
Daniel, who was suffering from a brain tumour at the time of IVF began, died December 2019.
Jade spoke on This Morning With Phillip Schofield and Rochelle Humes and said that she is only able to use Daniel’s frozen Sperm and has very little chance of getting pregnant.
There was a split in opinion about the topic. While some viewers wished Jade luck and others urged her to let her husband, whom she was married for 10 years, go to peace.
Daniel (left) died December 2019, following a recurrence in his brain tumor. After being diagnosed in 2011, he had already frozen his eggs.
Phil stated, “There is one thing that we must point out about IVF.” “Because it’s not guaranteed, that’s something that we discuss a lot on the show.
He said, “And they believe there may be enough of hissperm to go around.” “So, even then, it’s still not guaranteed.
Jade acknowledged that she has a 33% chance of being successful. Jade admitted that she has a 33 percent chance of being successful. However, I accept that Daniel may not get his baby.
She added, “But I want to have my chance.”
Jade Payne (35), from Brackley in Northamptonshire is fighting to get her husband’s frozen embryo to bear his child. This battle stems 11 years ago from a mistake made with paperwork. This Morning she shared her story.
Jade indicated that she would be willing to fight for Daniel’s right to use Daniel’s sperm.
She said that she is still looking for the right person who will represent her.
The fertility clinic in which Daniel had submitted the paperwork in error in 2011 was also included. They were supportive of her and provided her with counsel.
She recalled Daniel being a ‘full-of-life’ man and said that her family, particularly her father-in law, had been supportive.
Rochelle Humes and Phillip Schofield were touched by Jade’s story, and their legal struggle. They wished Jade luck
According to the nanny, she is concerned that IVF might fail because there are only 33% chances of success.
Jade wanted to achieve something that viewers disagreed with.
‘And if it doesn’t work? Just setting yourself up for more heartbreak…,’ one said.
“Please, woman, let this man be at peace…” One said that he was dead and advised her to continue on.
‘Grief is awful but I’m afraid she’s not thinking of the effect on the child in all this,’ one said.
Jade claimed that Daniel’s entire family is supportive of Jade’s efforts to IVF.
One person said: “Aww, such a sad Story,”
One wrote, “It is so tragic when someone dies, but to deliberately bring life into this world after that person has gone, seems selfish,”
When she first came out with the story, 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.
People said that Jade was only setting herself up to more heartbreak in the event of a failed IVF treatment.
“My dog was injured in an accident and it cost me an arm and a half on MRIs. Legal costs will be high and could run to the tens or thousands. It was difficult to find an experienced solicitor for my case.
She also said, “He first frozen his eggs in 2010 when he was diagnosed with testicular carcinoma for the second time.” After receiving a referral for IVF in 2014, we were unable to proceed with IVF. However, life got in our way so we decided to return the referrals at the close of 2018.
“When Daniel went under anesthesia in 2016, his brain tumour grade changed. We didn’t know how many years he would have, nor how fast he would grow, so we were unsure of his recovery.
“We wanted to set up a referral and family process so he could have as long as possible with our child, but that didn’t happen.
“I was contacted by a telephone call in October 2019. He wanted to know if I would be willing to try IVF. My explanation was that Daniel had a terminal tumour and his grade had changed. So I couldn’t start IVF.
“They suggested that I contact them when the opportunity arises because their funding was for sixty months.
Jade must now collect letters from friends, family and a GP to support her wish to have children.
She said that she had previously stated: “I find it disgusting that the court has to prove anything.” He was my husband. I would love his child.
“It is something we both desired – We were planning it together but then he died before our chance.”
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.
He said to me that he kept my name on his sperm and I could use it whenever you wanted.
“We had already chosen the names of our babies, discussed how we would like it to look and what kind of pram we would buy. We knew what we wanted.”