A Queensland widow has been granted the right to use her late husband's sperm to conceive their second child and provide a sibling for the couple's son.

Key points: Dr Daniel Gaffney's sperm was extracted the day after he was found dead

Dr Daniel Gaffney's sperm was extracted the day after he was found dead The court heard Jennifer Gaffney wanted to have a second child to provide a sibling for her son

The court heard Jennifer Gaffney wanted to have a second child to provide a sibling for her son The judge acknowledged the decision to have a second child was not an emotional reaction to grief

UK-born couple Jennifer Gaffney, an anaesthetist, and Daniel Gaffney, a dermatologist, had been together for more than 12 years and had a toddler son.

Just hours before her husband died suddenly while on a work trip on the Sunshine Coast, Jennifer Gaffney had been at a meeting with a fertility specialist to start the process of trying for another baby.

Daniel Gaffney's sperm was extracted the day after he was found dead.

A coroner gave verbal consent for the medical team to remove testicular tissue from his body and it was placed in storage for preservation.

Jennifer Gaffney applied to the Supreme Court in Brisbane to grant her permission to use the sperm to conceive another child and it was approved today.

Justice Sue Brown described Daniel Gaffney's death as "tragic" and said the evidence showed the couple both wanted to have more children.

"[Jennifer] is firmly of the view that not only is it what Daniel would want, it is what she wants in his absence," Justice Brown said.

Not an emotional reaction to grief

The court heard Jennifer Gaffney wanted to have a second child to provide a sibling for her son.

The judge acknowledged she had "carefully and rationally" considered the decision to have a second child and it was not an emotional reaction to grief.

Outside court, Jennifer Gaffney said she was pleased with the court's decision.

"I'm very grateful to the court for their time and consideration for my application and I'm absolutely delighted with the outcome," she said.

"The last seven months have been by far the most challenging time of my life — I now want to privately prepare for the future with the support of my wonderful family and friends."

Jennifer Gaffney's fertility specialist Clare Boothroyd, who is the medical director of care fertility at Greenslopes Private Hospital, said in a statement there was an urgent need for legislation in Queensland on the use of a man's sperm after his death.

She said Jennifer Gaffney's case highlighted the difficulty that women faced in Queensland if they wished to use their partner's sperm after death.

"I think this has been a very stressful experience for my patient and her family," Dr Boothroyd said.

"Tragic events such as this occur at any hour of the day and the need to retrieve viable sperm requires a rapid response and everyone rallied to help.

"The family have understandably been greatly affected by the sudden death of Dr Daniel Gaffney and ask that their privacy be respected."

