Mother Wins Motion to Compel Retrieval of Sperm from Dead Son In Order to Produce Grandchild

image_8543108In Texas, Travis County Probate Judge Guy Herman has issued what may be a fairly unique order. He has agreed to a motion from Marissa Evans to have sperm collected from the corpse of her son, Nikolas Colton Evans, to allow her to have a grandchild through a surrogate mother.

Evans, 21, died of injuries from an assault. Evans was killed during an argument with men outside of a bar. Such samples must be collected within 24 hours of death unless his body were cooled to no more than 39.2 degrees. I have never seen an order of this kind, but it seems perfectly correct since the next of kin can donate organ parts — as the mother has done in the case of Evans.

For the full story, click here.

12 thoughts on “Mother Wins Motion to Compel Retrieval of Sperm from Dead Son In Order to Produce Grandchild”

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  2. Maybe the mom is young enough that she can donate an egg and have an in vitro procedure to produce a combination child and grandchild. Maybe that child could grow up and marry the child borne by the biologically female ‘man’ we recently read about. The possibilities are endless.

  3. Hey now Wait just a Cotton Picking min thar. We can move Mickey Mantle up on a Liver Transplant list and that was ok until somebody else really needed it died.

    Ronnie Earl is from Travis County, too.

    Guy Hermann used to be a Justice of the Peace which you don’t have to be an attorney for.

    If Texas has to take W back why can’t they create additional Life Forms.

    Pennsylvania has Kecksbergs.

    New Mexico has Area 51.

    Nevada has other facilities.

    Texas even had a UFO in Erath County a year before W got out of office.

    Then before he left office another UFO siting was seen between Dallas all the way to Austin in January 09.

    I do not make this stuff up.

    But W says he came back. And the day after he left Midland west Texas crude dropped to an all time low.

    Bad timing or what? Or is W like pig pen in Charlie Brown?

  4. Is there a state crazier than Texas? This mother needs a little counseling from Centurion. That will really straighten her out.

  5. MikeA:

    you know how we right wingers are, we want to increase the population without copulation.

  6. Mespo:

    why would selling organs be medieval? Actually I think it would help more people. If one is truly free then selling of his/her organs should be legal.

    A free market in human organs would be a good thing. Certainly there could be abuse but then we have the law to settle those sorts of issues.

  7. Mespo, I see your point. I don’t believe the statute permits the sale of any parts by the person giving the consent, but I suppose there’s a way around every prohibition.

    Bron, I reluctantly acknowledge that in my youth I engaged on occasion in what some persons might regard as kinky activity. However, I am quite certain that I have never attended a turkey baster party.

  8. Mike Appleton:

    Query: Under Texas law, may mom now donate corneas of her deceased son to a willing recipient for money? If so, you see my reference to medieval practices.

  9. Maybe it is just the simple human need to pass on your genes. Maybe this was her only child and this would allow her to have grandchildren.

    People use turkey basters to impregnate women at parties, that’s not barbaric?

  10. This decision bothers me for several reasons. The applicable Texas statute does authorize a decedent’s parent to donate any “parts” of the decedent. The word “parts” includes organs, bones, tissue and fluid. However, the parts may only be donated to specified donees. The statutory list of “donees” does not include the person giving the consent to the donation. In the ordinary case, organs are donated to qualified facilities for transplantation into persons selected by those facilities. In this case, mom is essentially authorizing the donation to herself; the sperm will presumably be stored until and unless mom decides to authorize its use for some purpose. Whether her actions are consistent with the desires of her deceased son will never be known. There is a conflict of interest here. It might have been more appropriate to enter a temporary order permitting the removal of the sperm pending a hearing at which the decedent would have been represented by an attorney at litem.

  11. Sounds like more Texas wackiness to me. They seem to produce an astonishing number of Scooby-Doo moments there.

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