Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Widow can't use husband's frozen sperm to conceive, court rules
San Francisco Chronicle ^ | Bob Egelko

Posted on 09/12/2008 7:10:51 PM PDT by SmithL

SACRAMENTO -- Iris and Joseph Kievernagel disagreed about having children during their 10-year marriage, and their argument moved into the courts - and the casebooks of legal precedent - after his death in a helicopter crash.

In a ruling made public Friday, a state appeals court said the Sacramento County woman has no right to use her husband's frozen sperm to become pregnant because he had made it clear he did not want to father a child posthumously.

If only one spouse has contributed genetic material, "the intent of the donor" must control its disposition after death, said the Third District Court of Appeal in Sacramento. The situation would be different, the court said, if the dispute involved frozen embryos - fertilized eggs - which would require that both spouses' wishes be considered.

Lawyers in the case said only one previously recorded California ruling, in 1993, had discussed the rights of a surviving spouse or partner to custody of frozen sperm.

The new ruling "provides some much-needed guidance in an area where reproductive technology has clearly outstripped the legal system," said Jay-Allen Eisen, lawyer for the husband's parents, who opposed the widow's request.

Suzanne Alves, a lawyer for Iris Kievernagel, said the court failed to address "the near-impossibility of determining someone's intent when they pass away" and leave no will, as was the case with Joseph Kievernagel. She said her client would consider an appeal to the state Supreme Court.

Joseph Kievernagel, 36, of Citrus Heights, was one of two Sacramento County sheriff's deputies killed when their helicopter crashed into a hillside near Lake Natoma east of Sacramento in July 2005.

The court said he and his wife had a loving marriage, with one subject of disagreement: She wanted children and he did not.

(Excerpt) Read more at sfgate.com ...


TOPICS: Government; US: California
KEYWORDS: artificial; insemination; judiciary
Navigation: use the links below to view more comments.
first 1-2021-22 next last

1 posted on 09/12/2008 7:10:52 PM PDT by SmithL
[ Post Reply | Private Reply | View Replies]

To: SmithL

Man, judges must all be thinking “things used to be easy in the ‘don’t steal horses’ days.”


2 posted on 09/12/2008 7:14:29 PM PDT by krb (If you're not outraged, people probably like having you around.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SmithL

This is stupid but it probably is true that there is no cheaper commodity on earth than human sperm. Most owners are eager to give it away.


3 posted on 09/12/2008 7:16:13 PM PDT by muir_redwoods (Free Sirhan Sirhan, after all, the bastard who killed Mary Jo Kopechne is walking around free)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SmithL

Um, I don’t think the guy cares one way or another now.


4 posted on 09/12/2008 7:16:16 PM PDT by DJ MacWoW (In VP's, McCain picked the future, Obama chose the past.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SmithL

Depending on the utlimate disposition of the sperm, I see the danger of a slippery slope here.


5 posted on 09/12/2008 7:16:29 PM PDT by Joe 6-pack (Que me amat, amet et canem meum)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SmithL

The guy’s dead, what does he care now? Let her have the kids now...’course if she can’t afford them that’s another story.


6 posted on 09/12/2008 7:16:36 PM PDT by madison10 (Pray for McCains, Palins and the USA...and the rest of us, too.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Joe 6-pack

7 posted on 09/12/2008 7:18:42 PM PDT by billorites (freepo ergo sum)
[ Post Reply | Private Reply | To 5 | View Replies]

To: madison10

I don’t understand how his parents could be against it. Wouldn’t they want to see the reflection of their departed son in the eyes of grandchildren?


8 posted on 09/12/2008 7:20:11 PM PDT by To Hell With Poverty (If you rob Peter to pay Paul, you can always count on Paul's vote. - Howie Carr)
[ Post Reply | Private Reply | To 6 | View Replies]

To: billorites

Honey, I ate the kids?!?!?


9 posted on 09/12/2008 7:20:57 PM PDT by Joe 6-pack (Que me amat, amet et canem meum)
[ Post Reply | Private Reply | To 7 | View Replies]

To: madison10

IMHO, if you don’t want it used, why jack off in a bottle. Is that a difficult concept? On further thought, why jack off in a bottle anyway?


10 posted on 09/12/2008 7:55:58 PM PDT by mathurine
[ Post Reply | Private Reply | To 6 | View Replies]

To: SmithL
Would the frozen sperm used to conceive be call a popsicle?
11 posted on 09/12/2008 7:59:42 PM PDT by tophat9000 (Hey Bill Maher...who's the stewardess now bitch!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SmithL

Well, duh. Wouldn’t it be awfully cold?


12 posted on 09/12/2008 8:01:28 PM PDT by RichInOC ("YEEEAAAAAAAAAAGH!!!")
[ Post Reply | Private Reply | To 1 | View Replies]

To: SmithL
Man, that's cold!

(She said.)

13 posted on 09/12/2008 8:03:50 PM PDT by Revolting cat! (Are you ready to pray for Teddy?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: SmithL

Uh. I know I will regret asking but here goes.

How did she get the sperm without his knowledge in the first place.

Icky question.


14 posted on 09/12/2008 8:24:24 PM PDT by RedMonqey
[ Post Reply | Private Reply | To 1 | View Replies]

To: To Hell With Poverty
Wouldn't?t they want to see the reflection of their departed son in the eyes of grandchildren?Maybe they just din't get allong and don't want the responsibilities as grandparents?
15 posted on 09/12/2008 8:28:21 PM PDT by RedMonqey
[ Post Reply | Private Reply | To 8 | View Replies]

To: RedMonqey

Never mind. Read the article.

I say get it to her. He did finally agree to go to the fertility clinic and made a “deposit”


16 posted on 09/12/2008 8:30:34 PM PDT by RedMonqey
[ Post Reply | Private Reply | To 14 | View Replies]

To: RedMonqey

Never mind. Read the article.

I say get it to her. He did finally agree to go to the fertility clinic and made a “deposit”


17 posted on 09/12/2008 8:31:23 PM PDT by RedMonqey
[ Post Reply | Private Reply | To 14 | View Replies]

To: To Hell With Poverty
Damn my "spellins" bad

Wouldn't' they want to see the reflection of their departed son in the eyes of grandchildren?

Maybe they just didn't get along and didn't want the responsibilities as grandparents?
18 posted on 09/12/2008 8:34:37 PM PDT by RedMonqey
[ Post Reply | Private Reply | To 15 | View Replies]

To: billorites

I’ve been craving Popsicles all day and now you have to post a cherry one. I hate you. :-)


19 posted on 09/12/2008 8:45:22 PM PDT by peggybac (Tolerance is the virtue of believing in nothing)
[ Post Reply | Private Reply | To 7 | View Replies]

To: To Hell With Poverty

It may be for inheritance reasons. Any child conceived using the father’s sperm would be in line to inherit his/her grandparent’s assets, if there’s no will.


20 posted on 09/12/2008 8:59:31 PM PDT by Tensai
[ Post Reply | Private Reply | To 8 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-22 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson