08 February 2011
They Donated Their Son’s Organs, Now They Want His Sperm
For two weeks Mali and Dudi Ben-Yaakov watched as their son lay in a coma. As the decision was made to turn off his life support friends, family and doctors encourage them to donate his organs.
Realizing this would enable other people to live they reluctantly accepted the reality of the tragedy.
Yet the one part of his body that the Israeli Attorney General has now been ask to make a determination on is that of his sperm. Mali and Dudi Ben-Yaakov have asked the court to allow them to use the young mans sperm to create a life after his death.
To date, legislation recognized that there is a right of a woman to use sperm after the death of her husband. What will make this a land mark decision is whether that same right can be extended to the man’s parents.
It all began in September 2010 when 27 year old student, Ohad Ben-Yaakov was involved with an accident while installing air conditioners as part of his part time job. He lay in hospital for two weeks in a coma, as doctors made the determination of him being brain dead.
His parents asked permission from the Family Court to extract sperm before his died as they signed over the right of the hospital to remove his organs to enable others to live.
The Family Court agreed but only if the sperm was used by Ohad’s parnter.
In 2003 the Israeli Attorney General, Elyakim Rubinstein wrote
“there is no legal standing [to the parents] on the issue of their
children’s fertility. Not in their lifetime, and certainly not when they
Attorney General Yehuda now must make a decision as the appeal has gone through the Family Court: should parents be able to use their child’s sperm.
Mali and Dudi Ben-Yaakov said in a statement:
“If we were entitled to donate the organs of our son why are we not
entitled to make use of his sperm in order to bring offspring to the
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