Overview

HOLDINGS: [1]-Plaintiff did not have tort claims against fertility service providers based on their inability to locate her deceased husband’s stored sperm because the allegation that she and her husband, who was in a coma at the time of extraction, had always wanted to have children together failed to establish that he intended her to conceive a child with his sperm posthumously. The husband did not consent to the extraction of his sperm, and there were no allegations that he and plaintiff discussed posthumous conception, or that he contemplated that possibility at all.

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Outcome

Judgment affirmed.