US judge rules that parents of Peter Zhu, dead West Point cadet, can use his frozen sperm to produce child and continue family name
- According to parents, Zhu dreamed of having several children and felt responsible for carrying on his cultural and family legacy
- Judge noted that few courts have addressed issue of posthumous reproduction, but those who did used deceased’s intent as a deciding factor
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, a judge ruled while noting potential ethical considerations.
Supreme Court 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 have not decided whether they will 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, including its potential use for procreative purposes,” Colangelo wrote.
Zhu, of Concord, California, died after a ski accident in February at West Point. His parents received court permission to have his sperm retrieved and frozen at the same time he underwent organ donation surgery, but the judge waited until last week to rule on whether they could attempt reproduction. The sperm is preserved at a sperm bank.
Colangelo said he found no restrictions in state or federal law. He noted that few courts have addressed the issue of posthumous reproduction, but those who have addressed it used the decedent’s intent as a deciding factor.
He cited a 2008 case where a court ordered 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.
