Landmark ruling allows Ted Jennings, 38, to use embryo to have child via a surrogate

A 38-year-old widower has won a landmark legal case giving him the right to have a baby with a surrogate using the last remaining embryo created with his late wife.

Ted Jennings and his wife, Fern-Marie Choya, had spent years trying to have children and had sought fertility treatment, but Choya died suddenly while pregnant with twin girls in 2019. The fertility regulator, the Human Fertilisation and Embryology Authority (HFEA), rejected Jennings’s request to be able to use their last frozen embryo to start a family because Choya had not given written consent for posthumous surrogacy.

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