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.
He also cited a 1993 case where a court held that a dead man's estate representative didn't have the right to destroy his frozen sperm in light of his written intent that it be stored for possible future use by his longtime girlfriend.
Zhu left no written intention regarding the use of his genetic material for procreation after his death, Colangelo said. But he said Zhu's parents testified regarding conversations where he talked of his dream of having several children and the responsibility he felt to carry on his cultural and family legacy. Zhu's military advisor at West Point also testified that Zhu had stated a goal of having several children during mentoring sessions.
Monica Minzhi Yao, Zhu's mother, said Monday that the family wants privacy and will not comment on the case. "We are extremely devastated over this freak accident," she said. "Our pain is something that no words can describe."
And while Colangelo left the decision of what to do with Zhu's sperm up to his family, he noted there may be other obstacles including reluctance of some doctors to assist for ethical reasons.
Typically, court cases involving posthumous reproduction are filed by surviving spouses, not parents. But Zhu's case isn't unprecedented.
In 2007, a court in Iowa authorized recovery of a man's sperm by his parents to donate to his fiance for future procreative use. In 2009, a Texas woman got a judge's permission to have her 21-year-old son's sperm extracted after his death, with the intention of hiring a surrogate mother to bear her a grandchild.
In 2018, the American Society for Reproductive Medicine issued ethical guidelines for fertility centers on posthumous collection of reproductive tissue. The organization said it's justifiable if authorized in writing by the deceased. Otherwise, it said, programs should only consider requests from the surviving spouse or partner.
Sen. Bernie Sanders of Vermont announced Monday he will run for reelection this year, squelching speculation that the 82-year-old progressive icon might retire at a time when the Democratic Party is anxious about the advancing age of its top leaders.
Hailing from a Democratic stronghold, Sanders' decision virtually guarantees that he will return to Washington for a fourth Senate term. And his announcement comes at a critical moment for Democrats as the party navigates a growing divide over Israel's war against Hamas in Gaza.
Sanders has criticized President Joe Biden's handling of the U.S. relationship with Israel even as he's hailed much of Biden's domestic agenda ahead of what could be a tough reelection fight for Biden against presumptive GOP presidential nominee Donald Trump.
Sanders said he wants the war in Gaza ended immediately, massive humanitarian aid to follow and no more money sent to Israeli Prime Minister Benjamin Netanyahu.
"We are living in a complicated and difficult political moment," Sanders told The Associated Press on Monday. “I very strongly disagree with Biden in terms of the war in Gaza.”
At home, he said, the presidential election is between Biden and Trump, “and Donald Trump is in my view the most dangerous president, has been the most dangerous president in American history.”
With the prospect of Trump's possible return to the White House, Sanders framed his bid to return to the Senate as being driven by concerns about the future of democracy in the U.S. In an announcement video, he said that in many ways the 2024 election “is the most consequential election in our lifetimes.”
“Will the United States continue to even function as a democracy, or will we move to an authoritarian form of government?” he said. He questioned whether the country will reverse what he called “the unprecedented level of income and wealth inequality” and if it can create a government that works for all, and not continue with a political system dominated by wealthy campaign contributors.
Known for his liberal politics and crusty demeanor, Sanders has been famously consistent over his 40 years in politics, championing better health care paid for by the government, higher taxes for the wealthy, less military intervention and major solutions for climate change. He has also spent his career trying to hold corporate executives to account, something that he’s had more power to do as chairman of the Senate Health, Education, Labor and Pensions Committee.
Sanders is an independent. He was a Democratic congressman for 16 years and still caucuses with the Democrats.
He sought the Democratic presidential nomination in 2016 and 2020. He said a year ago that he would forgo another presidential bid and endorse Biden’s reelection this year.
“I have been, and will be if re-elected, in a strong position to provide the kind of help that Vermonters need in these difficult times,” Sanders said in a review of his positions as chairman of the important Senate panel and a member of the chamber's Democratic leadership team, as well as a senior member of various other committees.
AP writer Mary Clare Jalonick contributed from Washington.
FILE - Sen. Bernie Sanders, I-Vt., smiles as he addresses Unite Here Local 11 workers holding a rally, April 5, 2024, in Los Angeles. Sanders is running for re-election. The 82-year-old, from Vermont, announced Monday, May 6, that he's seeking his fourth term in the U.S. Senate. (AP Photo/Damian Dovarganes, File)
FILE - Sen. Bernie Sanders, I-Vt., speaks during a news conference, Jan. 25, 2024, at the Capitol in Washington. Sanders is running for re-election. The 82-year-old, from Vermont, announced Monday, May 6, that he's seeking his fourth term in the U.S. Senate. (AP Photo/Mariam Zuhaib, File)
