Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

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Sunday, November 4, 2012

Can Parents Collect Injured Son's Sperm?

Unknown19-year old Rufus McGill has been in critical condition since October 14 when he was in a car wreck that involved six people and killed one.  Rufus was airlifted to the hospital, and his condition took a turn for the worst last Sunday.  Doctors believe he is brain dead and now his parents are faced with some very difficult decisions regarding the continuation of McGill's life. 

If the parents do have to take him off of life support, they hope to at least keep his legacy living on by harvesting McGill's sperm and starting the next generation on their own. However, since Rufus is an adult, his parents cannot legally collect their son's sperm.  While post-mortem collection of semen is not unheard of, problems arise with the issue of what happens to the child after gestation. Rufus is brain dead but he has not been declared dead, so the main question is who is the surrogate decision maker and who can make decisions on behalf of this adult?  This is a very uncertain legal territory currently.  

Ultimately, Rufus' parents are still hoping that Rufus will regain consciousness so that they will not even have to cross this bridge.  They have not given up on him yet. 

See Parents Want to Collect Injured Son's Sperm, FoxNews.com, Oct. 31, 2012. 

Special thanks to Laura Galvan (attorney, San Antonio, Texas) for bringing this article to my attention.

http://lawprofessors.typepad.com/trusts_estates_prof/2012/11/can-parents-collect-injured-sons-sperm-.html

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