The Volokh Conspiracy

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Crime

Who owns the sperm? A fascinating case from Israel

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From the Times of Israel: An Israeli soldier was killed in a training accident. With the permission of his widow, who had been married to him for four months, sperm is extracted from his body for possible later use. The widow doesn't use the sperm, and subsequently remarries and has children with another man. Ten years later, the deceased's parent wish to use the sperm to conceive a child with a woman to be selected. It's not clear from the description of the case who owned or possessed the sperm in the meantime. The government and the widow objected. The trial court ruled in favor of the parents. What do you think?