A widower has won a landmark court case in England’s High Court allowing him to have a baby with a surrogate using the latest IVF embryos he made with his deceased wife.

Ted Jennings, 38, claims to be blessed by Fern-Marie Choya, who died in 2019 at the age of 40 while pregnant with twins.

The court ruled that he did not need Choya’s written consent to proceed.

The human fertilization and embryology authorities denied his request.

He said he would consider the judgment carefully before deciding whether to appeal.

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Madame Justice Tez said:

Jennings, from Highbury, north London, told the judge that he or his wife had no memories of negative feelings toward their parents when they used surrogacy, donated embryos or adopted children.

“Our emotional journey has ranged from impotence to infertility, to what we feel is unfair given all the other medical problems we have already experienced,” he said.

“We’ve finally come to the point of accepting that after all the best in IVF will be the last and the last embryo will be stored for a surrogate mother. »

The couple discussed what to do if either of them died or Choya or the twins were in danger of dying, Jennings told Judge Thes. Choya chooses between her and them.

The couple, who immigrated to England from Trinidad, had previously had two pregnancies, but eventually miscarried.

They later tried IVF and re-collateralized the house to pay for personal care.