Judge Grants Mom's Wish For Dead Son's Sperm

Wednesday, Apr 8, 2009  |  Updated 10:40 PM CDT
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Judge Grants Mom's Wish For Dead Son's Sperm

Nikolas Evans died Sunday at the University Medical Center at Brackenridge after being punched and falling during a March 27 assault in Austin.

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Mom's Quest for Sperm Raises Legal, Ethical Issues

A mother’s legal fight to collect sperm from her dead son’s body may be a medical and legal first in Texas.

Judge Grants Mom's Wish For Dead Son's Sperm

The mother of 21-year-old Nikolas Evans says she wants her son’s legacy to live on.
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An Austin judge has ordered the Travis County Medical Examiner's office to maintain the body of a dead man in order for his sperm to be collected.

The order grants the wish of Missy Evans to have a chance to have a grandchild. Travis County Probate Judge Guy Herman issued the orders after she requested an emergency hearing.

Her 21-year-old son, Nikolas Evans, died at a hospital Sunday, nine days after he was punched in the head and knocked unconscious.  She said he was blind-sided with the punch as he attempted to break up a fight outside a club on 6th Street in Austin.

Evans said her son's dream was to some day have three sons of his own and he had chosen their names: Hunter, Tod and Van.

"Hunter was after Hunter S. Thompson, which was his favorite," she said.

She started the legal process of having his sperm collected so that his dream could be fulfilled and his legacy would live on. Evans said having a judge clear the way for it to happen is the first thing she has had to smile about in the past two weeks.

"Right now is a really good day because I feel hopeful for the first time since he passed away that I have something to look forward to, and that even though he's gone, that I can have a grandbaby," she said.

Wednesday's order also directed medical examiner officials to provide access so an expert can take the specimen. Evans said finding a doctor to actually collect the specimen was a challenge, but Dr. Elizabeth Houser, of the Austin Urology Clinic agreed.

"I know it's controversial, I know it's going to be in the media, and that's OK with me," Houser said. "Maybe it's something that needs to be talked about more frequently."

Evans said the process should be completed sometime Wednesday.

"He wanted to graduate from college and get married and have kids," Evans said. "Two of those things aren't possible now, but one of them is."

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