A Queensland woman has won the right to use her dead boyfriend's sperm to have children.

Brisbane Supreme Court justice Sue Brown handed down her landmark decision this afternoon.

She determined Ayla Cresswell should be able to use Joshua Davies' reproductive tissue but said it was up to the particular medical clinic to decide if it was satisfied to go ahead with the procedure.

Justice Brown also ruled Ms Cresswell was the only person entitled to use the sperm.

The young woman had been in a relationship with Davies for about three years when he took his own life in August 2016.

Ayla Cresswell leaves the Supreme Court in Brisbane. Picture: AAP (AAP)

Ayla Cresswell with her late boyfriend Joshua Davies. (Supplied)

Cresswell has won the right to use Davies' reproductive tissue to have children. (Facebook)

The pair were planning to get married and have children.

The decision marks a historic precedent for Australian women seeking to undergo IVF treatments using the sperm of their partners, should they have passed away.

Ms Cresswell found Davies dead in their Toowoomba home on the morning of August 23, 2016.

Within hours of his death, she had made legal moves to fulfil their dreams of parenthood by seeking legal advice on harvesting his sperm so that it could be used in an IVF procedure.

A court order was passed the next day to allow a surgeon to remove and preserve Mr Davies’ sperm in the crucial 24-hour window after his death.

Ayla Cresswell and her boyfriend Joshua Davies were planning to start a family. Picture: Supplied (Supplied)

Ms Cresswell has been paying for its storage ever since, while she awaited the outcome of today's ruling.

Justice Brown was today required to assess whether Ms Cresswell is fit to become a sole parent based on her physical, emotional and financial capabilities.

Throughout the lengthy legal battle, Ms Cresswell told the court that she and Davies had already planned to become parents, that she had already financially prepared for her own home and the IVF treatment, and that she has the support of both her parents and the parents of her partner.

Justice Brown said she agreed with submissions made on behalf of Ms Cresswell that the way in which the sperm was removed meant it was capable of being classed as property.

She further went onto say she was satisfied the doctors who removed Mr Davies' reproductive tissue did so on behalf of Ms Cresswell and that as a result she was entitled to possess it.

Ms Cresswell did not comment outside court but her barrister Kathryn McMillan QC said she was relieved.

With AAP.

Readers seeking support and information about suicide prevention can contact Lifeline on 13 11 14.

Suicide Call Back Service 1300 659 467.