January 30, 2007
Son's Gametes Passing Intestate to Parents
CNN reports that the family of an Israeli soldier who was killed in action and died intestate can have his sperm impregnated into a surrogate:
In a precedent-setting decision, an Israeli court has ruled that a dead soldier's family can have his sperm impregnated into the body of a woman he never met.
Keivan Cohen, 20, was shot dead in 2002 by a Palestinian sniper in the Gaza Strip. He was single and left no will. But at the urging of his parents, a sample of his sperm was taken two hours after his death and has been stored in a hospital since.
When the family tried to gain access to the sperm, however, the hospital refused, on the ground that only a spouse could make such a request.
Arguing that their son yearned to raise a family, his parents challenged that decision in court. On January 15, after a four-year legal battle, a Tel Aviv court granted the family's wish and ruled the sperm could be injected into a woman selected by Cohen's family.
. . . Irit Rosenblum, a family rights advocate who represented the Cohen family, said the ruling was significant because it set a precedent for those seeking to continue bloodlines after death.
At the trial, Rosenblum presented testimony, including video recordings, in which Cohen expressed his desire to have children.
"He always said he wanted children," she told The Associated Press. "But there were no regulations in the law that deals with using sperm from dead people."
Rosenblum said soldiers increasingly have been leaving sperm samples, or explicit instructions on post-mortem extraction, before heading to battle.
She said she knew of more than 100 cases of Israeli soldiers who, before last summer's war with Lebanese guerillas, asked to have their sperm saved if they were killed. American soldiers have also begun donating sperm before heading to Iraq, she said.
I'll try to get a link to the decision itself.
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