HealthLawProf Blog

Editor: Katharine Van Tassel
Concordia University School of Law

Tuesday, April 7, 2009

Collection of Dead Person's Sperm . . . .

Most thought-provoking and surprising article of the day from which carries a brief article on a court's grant to a mother access to her dead son's sperm.  The Associated Press reports,

A judge has granted a mother's request to have someone harvest sperm from her dead son's body, so she can have the option of carrying out his wish to have children. Nikolas Colton Evans, 21, died Sunday at a Brackenridge hospital after being punched and falling outside a bar in Austin, Texas, on March 27. His mother, Marissa Evans, told the Austin American-Statesman newspaper that he wanted to have three sons someday and had even picked out their names: Hunter, Tod and Van. "I want him to live on. I want to keep a piece of him," she told the newspaper.  . . .

Evans and her attorneys were trying on Tuesday to find a urologist or other medical professional willing to collect the sperm for a possible surrogate pregnancy in the future.

University of Texas law professor John Robertson, who specializes in bioethics, said state law gives parents control over a child's body for organ and tissue donations but its use for sperm "is very unclear." "There are no strong precedents in favor of a parent being able to request post-mortem sperm retrieval," he said. . . .

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