The parents of a cadet at the U.S. Military Academy at West Point who died following a skiing accident last month successfully petitioned a court to allow them to extract their son’s sperm, citing plans to preserve his legacy and his dream of having children one day.
The court order, filed in the Supreme Court of the State of New York in Westchester County on Friday, granted the petition to the parents of 21-year-old senior Peter Zhu, who was left brain dead after suffering a fractured spine on Feb. 23, The Washington Post reported.
Advertisement
“When Peter was alive, he often told us how he wanted children of his own one day, and that he wanted to give us grandchildren,” his parents, Yongmin and Monica Zhu of Concord, California, stated in their filing. “There was never any question or doubt that Peter intended to become a father.”
Zhu, who was an organ donor and set to graduate this spring before attending medical school, according to the academy, was an only son and his parents’ only hope of carrying on the family’s last name, per Chinese culture, his parents said.
Westchester Medical Center Health Network, where Zhu had his organs harvested for donation last Friday, had agreed to perform the sperm retrieval, but only if a court order was issued, The Journal News reported.
Advertisement
The judge granted Zhu’s parents’ request the same day the procedure was scheduled to be performed, to give the sperm a greater chance of vitality. The order directed that the sperm be transferred to a sperm bank or similar facility for storage, according to The Journal News.
Representatives with Westchester Medical Center Health Network declined to comment on the case to HuffPost on Tuesday.
“Out of respect for patient and family privacy, we do not discuss the specifics of any particular patient case. However, 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. Westchester Medical Center is grateful the family sought a court order during such a difficult time,” the medical center said in a statement.
A second court hearing has been scheduled for March 21, during which the court will address what will become of the sperm, according to The Associated Press.
The family’s attorney, Attorney Joseph R. Williams, also declined to provide further details about the case but called it “bittersweet” in an email to HuffPost.
Advertisement
“While we are extremely proud of the successful and landmark efforts made so far on behalf of our clients, the case remains pending, necessitating our discretion,” he said in a statement. “As you would expect, it is a very bittersweet result for the family and, out of respect for their privacy, we cannot discuss further at this time.”
The case, while unusual, is not entirely unique.
In 2009, a mother in Texas obtained a court order to retrieve her 21-year-old son’s sperm after he died in a bar fight. Missy Evans said she planned to hire a surrogate to give birth to her grandchild.
As for the ethics involved, there appear to be different opinions on the matter.
One stance published in the peer-reviewed journal Human Reproduction in 2000 states that in the absence of written consent or verbal consent documented by a health care provider, “it can sometimes be reasonable to infer” that the deceased would have consented to a postmortem sperm retrieval if their family and friends have said that they had expressed such a desire while alive.
Weill Cornell Medicine’s urology department, in contrast, gives the decedent’s wife the exclusive ability to make such a request ― no other family or next of kin. The wife must also provide convincing evidence that her husband would have wanted to conceive children this way, according to the department’s website.
Our 2024 Coverage Needs You
It's Another Trump-Biden Showdown — And We Need Your Help
The Future Of Democracy Is At Stake
Our 2024 Coverage Needs You
Your Loyalty Means The World To Us
As Americans head to the polls in 2024, the very future of our country is at stake. At HuffPost, we believe that a free press is critical to creating well-informed voters. That's why our journalism is free for everyone, even though other newsrooms retreat behind expensive paywalls.
Our journalists will continue to cover the twists and turns during this historic presidential election. With your help, we'll bring you hard-hitting investigations, well-researched analysis and timely takes you can't find elsewhere. Reporting in this current political climate is a responsibility we do not take lightly, and we thank you for your support.
The 2024 election is heating up, and women's rights, health care, voting rights, and the very future of democracy are all at stake. Donald Trump will face Joe Biden in the most consequential vote of our time. And HuffPost will be there, covering every twist and turn. America's future hangs in the balance. Would you consider contributing to support our journalism and keep it free for all during this critical season?
HuffPost believes news should be accessible to everyone, regardless of their ability to pay for it. We rely on readers like you to help fund our work. Any contribution you can make — even as little as $2 — goes directly toward supporting the impactful journalism that we will continue to produce this year. Thank you for being part of our story.
It's official: Donald Trump will face Joe Biden this fall in the presidential election. As we face the most consequential presidential election of our time, HuffPost is committed to bringing you up-to-date, accurate news about the 2024 race. While other outlets have retreated behind paywalls, you can trust our news will stay free.
But we can't do it without your help. Reader funding is one of the key ways we support our newsroom. Would you consider making a donation to help fund our news during this critical time? Your contributions are vital to supporting a free press.
As Americans head to the polls in 2024, the very future of our country is at stake. At HuffPost, we believe that a free press is critical to creating well-informed voters. That's why our journalism is free for everyone, even though other newsrooms retreat behind expensive paywalls.
Our journalists will continue to cover the twists and turns during this historic presidential election. With your help, we'll bring you hard-hitting investigations, well-researched analysis and timely takes you can't find elsewhere. Reporting in this current political climate is a responsibility we do not take lightly, and we thank you for your support.
Thank you for your past contribution to HuffPost. We are sincerely grateful for readers like you who help us ensure that we can keep our journalism free for everyone.
The stakes are high this year, and our 2024 coverage could use continued support. Would you consider becoming a regular HuffPost contributor?
Dear HuffPost Reader
Thank you for your past contribution to HuffPost. We are sincerely grateful for readers like you who help us ensure that we can keep our journalism free for everyone.
The stakes are high this year, and our 2024 coverage could use continued support. If circumstances have changed since you last contributed, we hope you'll consider contributing to HuffPost once more.