California Rules Man's Sperm Dies With Him

There is a woman in California who has really been struggling with a unique (and devastating) problem relating to her infertility issues. She and her husband had started the process of infertility treatment by IVF. This included that the man had made a sperm deposit. However, the husband died just one month after beginning this process. The woman still wants to be able to have a baby that genetically belongs to her now-dead husband. She has been suing to get custody over that sperm so that she can continue with the IVF using the sperm that her husband had left her. The problem is that he technically did not leave this sperm to her. When filling out the various forms that are involved in infertility treatment, he had checked a box that says the sperm should be destroyed upon his death. Most likely he didn't expect to die anytime soon and checked the box because he didn't want his sperm used by anyone other than his wife. However, the California courts have ruled that his wishes as expressed by this form are to be honored. The woman can not use the sperm for IVF. Question of the Day: Should this woman be allowed to use her dead husband's sperm for IVF? photo link
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