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

In 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.

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