Postmortem sperm retrieval has been used worldwide in assisted reproduction technology. Nevertheless, the laws vary from country to country according to cultural, ethical and religious reasons. However, for postmortem sperm retrieval to be used, it is necessary that a preview informed consent be signed by the couple. In this study, we describe a case where the husband died during the in vitro fertilization (IVF) treatment prior to egg retrieval, but we had no informed consent with a paragraph concerning this issue. Thus, the wife had to request a judicial authorization, which was given in the case of an emergency by the judge, to retrieve genetic material from her husband after his sudden death. This case report demonstrates the importance of adding a specific paragraph in the informed consent to address this issue. Otherwise, this case may be a cause of a judicial battle to obtain consent for its use in in vitro fertilization.