EXCLUSIVE: Heartbroken widow wins the right to collect her husband's sperm just HOURS after he took his own life at 27 - and now she plans to have his baby
- Jermimah Moylan lost her husband Sebastian to suicide on August 14, 2019
- The loving couple had always dreamed of starting a family together in Sydney
- So on the day of his death Jermimah requested the rights to have his sperm
- The courts afforded her that request and she's now looking at IVF treatment
Sebastian Moylan was talking about starting a family with his would-be bride Jermimah from the day they met at school at 17, and she will not let his premature death prevent her fulfilling those plans.
Sebastian was so eager to start a family that he built their dream home with enough bedrooms to house a growing family.
The couple, who married in 2015, were planning on trying for a baby in 2020 and Jermimah, 27, visited doctors and even a a naturopath to make sure her body was ready.
But on Wednesday last week, August 14, Sebastian took his own life.
His actions left Jermimah and their families in complete shock, but through the grief Jermimah acted swiftly to ensure their plans for a family did not die with him.
Sebastian Moylan was talking about starting a family with his would-be bride Jermimah (both pictured) the day they met, as school children at 17
At 10.30pm on night of his death, a heartbroken Jermimah was in the New South Wales Supreme Court seeking a direction to have sperm removed from her husband's body.
Her family had been told by a worker at the Coroner's Court earlier in the day that there had only been one successful such case in seven years.
But against the odds - and the clock - Jermimah contacted the same lawyers who helped Queensland woman Ayla Cresswell harvest her boyfriend Joshua Davies' sperm after his untimely death by suicide in 2016.
They worked long into the night to finalise her request, and succeeded - the court gave her permission to 'harvest' the sperm.
'It brings me some form of closure and some form of hope for a family with the only man I ever wanted to have one with,' she told FEMAIL.
'He would have made the most incredible dad and his future daughter or son will know how amazing he is and will grow up as if he's in the house.'
While Jermimah knows being a single parent will be tough, she felt compelled to start a family and fulfill their shared dream.
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'It brings me some form of closure and some form of hope for a family with the only man I ever wanted to have one with,' she told FEMAIL
A doctor from the Royal Prince Alfred Hospital performed the surgery on August 15 - because sperm has to be extracted before the body has been dead for 24 hours - and she has 10 years to use the sperm before they become unusable.
However the legal fight is not over - Jermimah has won the right to have the sperm removed and stored, but needs further legal permission to use it.
With the average cost of one round of IVF being $15,000 and more legal battles ahead, a GoFundMe page has been set up by her twin brother Drew to ease the financial burden on the widow.
The money will be used to pay for her husband's funeral, lawyers, barristers, court costs, a urologist, scientists, business, as well as paying the mortgage on the family home.
The Moylan family were told by a representative from the Coroner's Court the day Sebastian died there had only been one successful application for sperm of this kind in seven years
What is the law for using sperm from a dead man?
The rules are ambiguous in New South Wales, and in Australia, about who is allowed to retrieve sperm post-mortem.
Currently the removal of sperm (and eggs) falls under the Human Tissue Act which allows for the removal of sperm, however consent from the deceased is required.
In the absence of consent getting approval from the court is extremely difficult and rare.
The court needs to be certain that there was an expression or desire from that person to have kids in the future.
Jermimah and Sebastian Moylan
The issue with the current rules is that there is no clear prescription on what form this consent should take, whether in writing or orally.
This ambiguity is possibly what has enabled the Moylan family to get through the first stage successfully as Sebastian had spoken about future children and IVF with his wife.
The second hurdle with regards to the rules is that a second order needs to be sought from the court regarding the 'use' of the sperm for IVF treatment which is governed by a different set of rules which interprets consent more strictly.
It was only last year in October that a widow had sought a similar order after her husband suddenly passed away, she was successful however on the condition that the sperm be transported immediately to Tasmania, ACT or Northern Territory where there are no regulations regarding assisted reproductive treatment (see Chapman case).
Drew (left) has been equally as touched by Sebastian's (middle) death, having been the best man at the couple's wedding
Drew, who was the best man at the couple's wedding, was stunned by his brother-in-law's suicide.
'I'll remember his fun-loving side, his smile, his ability to always want to put others before himself, his laugh and the unmatched and untethered love he had for Jermimah,' Drew said.
'Their love and connection is what you always want with your partner.
'He had the everyday stresses with work and worry about money and getting things finished around the house... But don't we all? I was in utter shock when I found out.'
'He had the everyday stresses with work and worry about money and getting things finished around the house... But don't we all? I was in utter shock when I found out,' he said
Jermimah knew of her husband's troubles, and they often discussed their problems.
'We talked about mental health almost daily as I suffer from anxiety,' she said.
'It's something I'm big on making awareness about and he would always have conversations about it. But he never gave any sign of going this far.
'It's something I'm big on making awareness about and he would always have conversations about it. But he never gave any sign of going this far,' she said
'He knew I was always here for him and we did talk about a lot of what was on his mind. There was just no sign of him taking that final step,' she said
'He never really got over the death of his father 18 months ago. We all get stressed over work, money and life but taking that final step means he must have bottled more than we ever thought up. '
Jermimah has urged other couples to write down their wishes with respect to future children, making it legally clear in case the worst happens.
'Recording a simple note with a doctor as to whether they consent to the removal of eggs or sperm after death can make all the difference in providing an opportunity to recreate a joint dream and continue a legacy,' she said.
Jermimah hopes to preserve the house they built together to raise their family
But above all else Jermimah hopes by sharing her story other family's will have a conversation about their wishes with respect to future children
Suicide is the number one cause of death in Australian men aged 15 to 44 - more than double the national road toll.
With no sign of those rates slowing down, Jermimah said there was a need to encourage men to be open about their struggles and seek help.
'There's this negative stigma around males and telling someone about their feelings or what they are going through,' she said.
'Male mental health and suicide is on the rise and Australia is not doing enough about it. Suicide is the end. There's no coming back from that and it's something that we as a family now know too well.'
For confidential support in Australia contact LIFELINE on 13 11 14 or via www.lifeline.org.au. The Suicide Call Back Service can be found on 1300 659 467.
You can support Jermimah and her family by donating to her GoFundMe page.
