A widow from Birmingham has won a High Court fight to preserve her late husband's sperm.

Physiotherapist Beth Warren, 28, challenged a storage time limit imposed by the UK fertility regulator.

She said the limit meant she had little over a year to conceive using sperm her husband Warren Brewer, who had cancer and died aged 32 two years ago, placed in storage.

Mrs Warren, who uses her late husband's first name as her surname, asked a High Court judge to decide whether the sperm could stay in storage for a longer period.

Judge Mrs Justice Hogg, who heard evidence at a hearing in the Family Division of the High Court in London in January, ruled in Mrs Warren's favour today.

Mrs Warren gasped when the judge announced her decision.

Speaking outside court, Mrs Warren said: "I am elated. Every good word in the dictionary. I hadn't dared to let myself believe it would happen.

Beth Warren outside the Law Courts with her mother Georgina Hyde (right), and her in-laws Kevin and Helen Brewer
Beth Warren outside court with her mother Georgina Hyde (right) and in-laws Kevin and Helen Brewer

"I don't know where to start. Thank you to everyone who helped me. I am a little bit overwhelmed."

She went on: "Warren was my life. I know we didn't get that life we wanted. So we made this plan.

"Now I feel I can just move on in my life. With what I want to do. With this chance Warren left me."

Mrs Warren said she would advise anyone in the situation she and her husband had been in to contact their clinic and make sure paperwork was properly completed.

She added: "I really want to make sure it doesn't happen again."

A lawyer representing the Human Fertilisation and Embryology Authority (HFEA) told the judge that officials sympathised with Mrs Warren.

Warren Brewer and Beth Warren pictured on their wedding day in December 2011.
Warren Brewer and Beth Warren pictured on their wedding day in December 2011.

But Jane Collier said Mr Brewer, a ski instructor, had not given written consent to his sperm being stored beyond April 2015.

A lawyer representing Mrs Warren told the judge that the authority was taking an "excessively linguistic and technical approach" and suggested that every option had not been made clear to Mr Brewer.

Jenni Richards QC said Mr Brewer wanted to ensure that his sperm could be used by his wife after his death and had made his intentions clear.

The judge ruled that Warren Brewer's sperm can be stored beyond 18 April 2015 and for a period of up to 55 years until April 2060, so that it can be used by Beth for the purposes of conceiving a child or children.

However, the HFEA was later given permission to appeal against the ruling by Mrs Justice Hogg.

A lawyer representing Mrs Warren said she was "downhearted" by the decision to allow the appeal.

The full judgement is available to read online.