A judge has ruled that the parents of a 21-year-old West Point cadet fatally injured in a skiing accident can use his frozen sperm to produce a child. In handing down the ruling, the New York Supreme Court justice noted potential ethical considerations.
Justice John Colangelo’s ruling, dated Thursday, gives Peter Zhu’s parents the ability to attempt conception with a surrogate mother using their late son’s sperm. The judge said Zhu’s parents had not decided whether they would try to use it.“At this time, the court will place no restrictions on the use to which Peter’s parents may ultimately put their son’s sperm,” Colangelo wrote, “including its potential use for procreative purposes.
Colangelo said he found no restrictions in state or federal law. He noted that few courts had addressed the issue of posthumous reproduction, but those who have addressed it have used the decedent’s intent as a deciding factor. He cited a 2008 case where a court ordered the destruction of a man’s sperm according to his written request during his lifetime, despite his widow’s claim to the sperm as her property.
Zhu left no written intention regarding the use of his genetic material for procreation after his death, Colangelo said. But he said Zhu’s parents testified regarding conversations where he talked of his dream of having several children and the responsibility he felt to carry on his cultural and family legacy. Zhu’s military advisor at West Point also testified that Zhu had stated, during mentoring sessions, his goal of having several children.
And although Colangelo left the decision of what to do with Zhu’s sperm up to his family, he noted there might be other obstacles, including the reluctance of some doctors to assist for ethical reasons.
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