Mr Cerith Smith died in a car accident in 2025. Before his death, he and his partner, Michelle Montgomery, had planned to try for another child. Michelle applied to the Supreme Court to have his semen removed and stored.

Michelle wanted to preserve her husband to bear his child using In Vitro Fertilisation (IVF). She had the support of Cerith's parents. She obtained approval from the Deputy State Coroner, who has authority over tissue removal after unexpected deaths.

Cerith's had never spoken about what should happen to his body after death. His passing was sudden, and there had been no chance for such discussions. He had never mentioned any issue with removing tissue from a deceased person.

The court looked at the nature of Michelle and Cerith’s relationship. They were not married, but they had lived together, shared a child and were regarded as each other’s spouse. The court considered the purpose of removing tissue from a deceased person.

The court decided that the removal was for a medical purpose. The court found that Michelle’s request reflected the intentions she and Cerith had to grow their family. It allowed the removal and storage of Cerith's semen so Michelle could attempt to have his child in the future.