Abstract

KIE: The Superior Court of Los Angeles County reversed the probate court and allowed Deborah Hecht, as the girlfriend of decedent William Kane, access to all vials of cryobanked sperm left to her under Kane's will. Kane's adult children argued that the sperm were property or assets of the estate; as such, under terms of a property settlement between the heirs, Hecht was entitled to 20% of the property or only three vials of sperm. The court based this decision on its first opinion in the case that "the fate of the sperm must be decided by the person from whom it is drawn," because genetic material is a unique form of property and sperm is tied to the fundamental liberty right of procreation. The decedent's clear intent was to leave the sperm to his girlfriend for future insemination if she chose. According to the court, only she had a right to the sperm and the decision concerning insemination was hers, though she could not contract, sell, or otherwise negotiate about the sperm.