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Court rules Israeli parents cannot use dead son's sperm

6 February 2017
Appeared in BioNews 887

The parents of a deceased Israeli man have had their request to use his sperm rejected on appeal.

Omri Shahar, a member of the Israeli armed forces, was killed in a car accident in 2012 when he was 25 years old. Last year, a court gave permission to his parents to use his sperm, extracted after his death, for IVF using a surrogate and to raise a child. The state had opposed the application on welfare grounds, saying that any child born would be subject to 'planned orphanhood'. 

However, since then Israel's Supreme Court has ruled in another case against the parents of a man who sought to use his sperm, which had been stored posthumously. The man's widow opposed the parents' wishes and lodged the appeal herself. The state then successfully relied on this ruling to overturn the Shahar decision, with the appeal court holding that grandparents do not have any rights to future, as yet unborn, children. 

The Shahars' lawyer, Avidan Glowinsky, told The Times of Israel that the case at the Supreme Court was very different to the one at hand. 'In our case, there is no widow, and the young woman who was Omri's girlfriend at the time of his death is very supportive of what his parents are trying to do,' he said.

Glowinsky said that the family is now preparing an appeal to the Supreme Court.

Speaking about the case to the Times of Israel, Irit Shahar said: 'The court really threw us back. This is very hard for us emotionally. [My wife] and I haven't left the house for the past two days.'

Couple suffers setback in bid for grandchild from sperm of late soldier son
The Times of Israel |  31 January 2017
Israeli couple wins right to produce and raise grandchild from fallen soldier son’s sperm
The Times of Israel |  18 November 2016
Israel: Parents Cannot Use Late Son’s Frozen Sperm Against Widow’s Will
Library of Congress |  5 January 2017
16 April 2018 - by Anna Mallach 
A baby boy was born in China to a surrogate four years after the death of his parents...
5 March 2018 - by Dr Rachel Brown 
The UK court of appeal has upheld the right of the parents of a sperm donor to spend time with their biological grandson...
19 February 2018 - by Georgia Everett 
A woman in India has used the frozen sperm of her dead son in order to have grandchildren via a surrogate...
24 October 2016 - by Antony Blackburn-Starza 
A woman in Australia has been given permission by the Queensland Supreme Court to extract sperm from her boyfriend after his sudden death...
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