AUSTIN, Texas, April 8, 2009

Judge OKs Collection Of Dead Man's Sperm

Mother Of Texas Man Killed In Bar Fight Wants To Have Grandchildren

  •  (AP / CBS)

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(AP)  A judge has granted a mother's request to have someone harvest sperm from her dead son's body, so she can have the option of carrying out his wish to have children.

Nikolas Colton Evans, 21, died Sunday at a Brackenridge hospital after being punched and falling outside an Austin bar March 27.

His mother, Marissa Evans, told the Austin American-Statesman newspaper that he wanted to have three sons someday and had even picked out their names: Hunter, Tod and Van.

"I want him to live on. I want to keep a piece of him," she told the newspaper.

Travis County Probate Judge Guy Herman ruled Monday in an emergency hearing requested by the mother, because of the urgency of collecting the sperm intact.

Court documents said the sperm had to be collected within 24 hours of Nikolas Evans being removed from life support unless the body was cooled to no more than 39.2 degrees.

Herman ordered the county medical examiner's office to continue storing the body at the proper temperature until the sperm could be collected.

Other organs and tissues were already going to be harvested from Evans' body, the judge noted, and there would be no other remedy for the mother if time expired.

Evans and her attorneys were trying on Tuesday to find a urologist or other medical professional willing to collect the sperm for a possible surrogate pregnancy in the future.

University of Texas law professor John Robertson, who specializes in bioethics, said state law gives parents control over a child's body for organ and tissue donations but its use for sperm "is very unclear."

"There are no strong precedents in favor of a parent being able to request post-mortem sperm retrieval," he said.

No arrests have been made in the assault on Nikolas Evans. Investigators said Evans hit his head on the ground after he was punched during an argument with a group of men.

© MMIX The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
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Add a Comment See all 23 Comments
by valh1 April 9, 2009 1:53 AM EDT
Sorry, this just sounds a little gross to me. Let the boy rest in peace.
Reply to this comment
by Cxa44 April 9, 2009 12:39 AM EDT
This would work well with the G,ays. You can collect S,perm from dead people and open up a S,perm Bath house, instead of a Mud Bath house. It should be a real success in the G,ay community.
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by goffredo29 April 8, 2009 7:15 PM EDT
I had my dad's sperm harvested so that I can have more brothers and sisters, even though I'm 58 years old. Boy will he be pissed.
Reply to this comment
by iam4honesty April 8, 2009 6:54 PM EDT
Nikolas Colton Evans, 21, died Sunday at a Brackenridge hospital after being punched and falling outside an Austin bar March 27.




FOR GOD'S SAKE!!!!
Leave this dumb, redneck cracker out of the gene pool!!

So much for natural selection.
Reply to this comment
by liselle3 April 8, 2009 6:24 PM EDT
I have to wonder what she plans on doing with it? It would be different if this guy had a wife or girlfriend that wanted to carry on his lineage. Is she planning on interviewing potential mothers to carry her grandchildren? Sounds pretty wierd to me... She then injects a 3rd party into the situation whereby the female will have her own thoughts about raising her own children... unless this woman is seeking a surrogate and plans on raising them herself.... just seems very odd.
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by incog-nito April 8, 2009 6:18 PM EDT
Posted by TheMasses21 at 2:30 PM : Apr 8, 2009

You had a good laugh. Admit it.
Reply to this comment
by Honorplease April 8, 2009 6:05 PM EDT
Darwin is rolling in his grave. The dude got in a stupid bar fight, and died. That should end the lineage right there.
Posted by dnamj

I have to agree with that!!
Stop messing with evolution
Reply to this comment
by incog-nito April 8, 2009 3:47 PM EDT
The medical examiner reportedly told reporters that they're going to need a lot of Viagra for the collection process.
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by saturn05 April 8, 2009 2:19 PM EDT
I just don't see where the mother has any right over this guy's sperm. This seems to over-reach any concepts of law regarding who owns the sperm. It is also just icky.
Reply to this comment
by dnamj April 8, 2009 2:14 PM EDT
Darwin is rolling in his grave. The dude got in a stupid bar fight, and died. That should end the lineage right there.
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