Good point Purple
I'm not sure that would make any difference though? It would be interesting to see how laws compare from the U.K. to the States. You can't chose who your eggs go to for example, so I don't know if that would apply to embryos. I have read about enthusiasm being 'adopted' (both on the article about the three men/throuple who adopted an embryo of a friend/colleague and in an article from a Christian group.)
You can chose to have your frozen embryos donated to research, stored for your own use at cost or be "left to perish" in the U.K.
He can argue that he has 'ownership' as he is the 'father' but this doesn't give him automatic rights to a woman being implanted, growing the child and giving birth.
It's a terribly sad story but I would have preferred to see him challenge his energies into campaigning for access to abortion in Ireland (new clinics, since the law has since changed) or for awareness around cervical cancer.
I do genuinely worry about any child born through surrogacy for him to raise and to his dead wife being the genetic mother.