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Family proceedings

25 November 2016
Issue: 7724 / Categories: Case law , Law digest , In Court
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Re JS (Disposal of Body) [2016] EWHC 2859 (Fam), [2016] All ER (D) 100 (Nov)

The Family Division, in granting the application of JS, a 14-year-old girl with terminal cancer, held that it had the power to make an order in which, among other things, the arrangements for preservation of her body would be delegated to her mother. In the unusual and difficult circumstances of the case, in which JS’s mother supported her wish to be cryopreserved after death, and her father opposed it, the court had the power to make a decision with prospective effect where JS’s present welfare could not have been adequately protected otherwise.

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