A judge has allowed the parents of a deceased West Point cadet to use their son’s sperm for reproductive purposes.

The family claims their son long dreamed of having kids and says this will allow for his legacy and family name to be carried on.

The ruling has raised several ethical concerns over whether or not it is okay to posthumously reproduce without someone’s consent.

Judge Rules That Sperm Can Be Used

A New York Supreme Court justice ruled that the parents of a West Point cadet who died in March can retrieve his sperm and use it for reproductive purposes.

Peter Zhu was injured in a skiing accident in on February 23. Four days later, the 21-year-old was pronounced brain dead.

However, because Zhu was an organ donor his body was kept alive for a few more days. During this time, his parents, Yongmin and Monica Zhu received a court order that allowed for his sperm to be retrieved as doctors were removing his organs for donation. At this time, it was unclear if they would actually be able to use the sperm.

Mr. and Mrs. Zhu claimed that it was their son’s wish to have children. They said that using his sperm would allow for the family name to be carried on and keep their son’s legacy alive.

In the judge’s ruling, there are several claims that Peter Zhu would often talk to his parents about “his dream of having several children, and the responsibility he felt to carry on his cultural and family legacy.”

On May 17, Justice John Colangelo granted his parents the right to use his sperm.

“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 for procreative purposes,” he wrote in the ruling.

As of now, it is unclear what kind of plans Mr. and Mrs. Zhu have for using the sperm, and it looks like they might wait before using it.

Justice Colangelo added in his ruling that when and if they choose to use it, it would not tarnish their son’s legacy.

“Should his parents choose to do so in the future, it would not do violence to his memory,” he wrote.

Case Raises Questions of Ethics

This ruling raised questions many have been asking for a long time regarding the ethics of posthumous procreation.

The first posthumous retrieval of sperm was reported back in 1980, and the first birth as a result of the process was reported almost two decades later in 1999. Since these cases, many have questioned whether or not consent from the deceased should be required before using their genetics to reproduce.

In Zhu’s case specifically, his parents did not have his direct permission to use his sperm in the event of his death. However, Mr. and Mrs. Zhu cited a paper he wrote at school, where he said his dream in life was to get married, have kids, and pursue a career in the military.

Several reports have been written over the years on this topic with differing opinions as to whether or not this would be enough consent to carry out the process.

A peer-reviewed journal report published in the year 2000 called Human Reproduction noted that there are grey areas.

“Written consent or verbal consent documented by a health care provider is not an absolute requirement, although such documentation would be desirable,” the report concluded.

The report did expand upon its point and acknowledged that while family members might have conflicts of interest when it comes to using the sperm, there are still cases when it could be ethical.

“It is possible that in some cases a reasonable inference can be made if the patient has previously discussed these matters with family members,” the report continued.

However, a 2018 ethics report from the American Society for Reproductive Medicine emphasized a stronger need for consent.

“Posthumous gamete (sperm or oocyte) retrieval or use for reproductive purposes is ethically justifiable if written documentation from the deceased authorizing the procedure is available,” their report says.

But it goes on to make one exception, saying “In the absence of written documentation from the decedent, programs open to considering requests for posthumous use of embryos or gametes should only do so when such requests are initiated by the surviving spouse or partner.”

In most cases where someone asks to use a sperm or embryo posthumously, the request is usually coming from a surviving spouse. However, Zhu’s case is not the first involving a request from parents.

In 2007, a court in Iowa granted a request by parents to retrieve their son’s sperm so that they could donate it to their son’s fiance.

A judge in Texas granted a mother the right to have her son’s sperm retrieved when he died at the age of 21 in 2009. She intended to hire a surrogate to carry his child.

Next Steps for the Zhu Family

Now that a judge has made a ruling, there are several steps for Mr. and Mrs. Zhu to take that could be complicated.

According to the New York Times, finding a surrogate willing to carry the baby may not be easy. The same goes for finding a fertility clinic willing to give the sperm to the surrogate so the baby can be raised by its grandparents.

The Times also reported that some hospitals have restrictions on how long they are willing to hold the sperm of a deceased person.

But Westchester Medical Center, which is in the county the ruling was given in, gave a statement to the Washington Post about the situation.

“From time to time, like most hospitals, Westchester Medical Center is presented with complex legal and ethical situations where guidance from the court is appropriate and appreciated,” they said before adding that they are “grateful the family sought a court order during such a difficult time.”