In re Estate of Kievernagel
California Court of Appeal
83 Cal. Rptr. 3d 311 (2008)
Joseph and Iris Kievernagel froze Joseph's sperm for in vitro fertilization purposes even though Joseph himself didn't want to have a child; under their agreement with the fertility center, the frozen sperm was designated Joseph's sole, separate property, and the agreement specified it was to be discarded upon his death. After Joseph died, Iris (plaintiff) petitioned the probate court for ownership of the sperm, opposed by Joseph's parents (defendants); the probate court denied her petition, finding by a preponderance of the evidence that Joseph's intent was for the sperm to be destroyed, and Iris appealed.
Whether the disposition of a deceased person's frozen sperm is determined according to the donor's own expressed intent, when that intent (destruction upon death) conflicts with his surviving spouse's wish to use it.