Queensland woman set to fulfil deceased partner's dream of having children

A Queensland woman has taken the first steps to carry her late partner's child, in order to fulfil his wishes to have children with her.

Bricklayer Joshua Davies died suddenly on August 23, but he had previously told his family that girlfriend Ayla Cresswell should be the one to have his children, NewsCorp reports.

Hours after Mr Davies died, Ms Cresswell rushed to the courthouse to pursue her de facto partner's dream of having children.

Supreme Court Justice Martin Burns ruled Mr Davies' "testes and any spermatozoa” were to be removed at a Toowoomba hospital and given to an IVF organisation to store it pending another court application.

Ms Cresswell told the court that having children was a very important "element" of Mr Davies' life that he wanted to fulfil.

“It is my honest belief that this is what Joshua would have wanted,” she told the court.

“Joshua spoke often of having children with me. I think he would be very proud for me to be their mother.

“Whether we got married or (not) was never in question, it was only a matter of timing."

Ms Cresswell was supported in her bid by Mr Davies' father John.

The case follows the court's decision to allow Queensland woman Leith Patteson the rights to her late fiance Tony Deane's testes and any spermatozoa earlier this year.

Both Ms Cresswell and Ms Patteson still need a court to grant them permission to use tissue from their respective partners to conceive a child.