Much debate surrounds this issue of using someone’s sperm posthumously but it usually involves a husband or partner who has passed away. In this case, it is a mother who is seeking to conceive a child by collecting her son’s sperm while he lay in a coma and on life support.

According to the U.K.’s Daily Mail, 44-year-old Marissa Evans has found a surrogate in Mexico who is willing to carry her grandchild. She has also hand-selected an egg donor from a list of potential candidates and now must only secure the financing to proceed with her plan.

In 2009, Evans’ son, 21-year-old Nikolas Evans, sustained a head injury while trying to break up a fight in Austin where he fell, hit his head and lost consciousness.

The article on NBC.com cited Tom Mayo, director of Southern Methodist University’s Maguire Center for Ethics and Public Responsibility, agrees with the sentiment. Mayo told the Associated Press in 2009 that the desire to replace a deceased child is a classic scenario that, in this case, took a nontraditional turn.

“This is a tough way for a kid to come into the world. As the details emerge, and the child learns more about their origins, I just wonder what the impact will be on a replacement child,” said Mayo.

The United States does not have specific legislation regarding the rights of men on gamete donation following their death, which leaves the decision in the hands of individual clinics and hospitals. As such, many medical institutions implement in-house policies regarding circumstances in which the procedure would be performed.

Many ethical issues surround the extraction and use of gametes from cadavers or patients in a persistent vegetative state. The most debated are those concerning religion, consent, and the rights of the surviving partner and child if the procedure results in a birth.

This complex legal issue can arise in a variety of circumstances. For a more information and to schedule a consultation with Kesten Law, please call 877-887-4403 or email info@kestenlaw.com.