In the Matter of the Application of Zhu
New York Supreme Court
64 Misc. 3d 280 (2019)
- Written by Jamie Milne, JD
Facts
Peter Zhu, a cadet at West Point Military Academy, was involved in a skiing accident that left him brain-dead. His parents, Monica and Yongmin Zhu (the parents) (plaintiffs), obtained a court order for the hospital to collect sperm from Zhu before it terminated life support and harvested his organs pursuant to Zhu’s previously executed consent to organ donation. The parents petitioned the court for the right to control the preservation and disposition of the collected sperm, including the right to potentially use it for future procreative purposes. Zhu had not left any express direction regarding the postdeath disposition of genetic material. However, the parents argued that he would have wanted them to control such a disposition, citing Zhu’s generosity of spirit and prior statements revealing that Zhu considered family and family relationships to be of the highest importance. The trial court considered the parents’ petition.
Rule of Law
Issue
Holding and Reasoning (Colangelo, J.)
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