- A judge has allowed the parents of a deceased West Point cadet to use their son’s sperm for reproductive purposes.
- The family claims their son long dreamed of having kids and says this will allow for his legacy and family name to be carried on.
- The ruling has raised several ethical concerns over whether or not it is okay to posthumously reproduce without someone’s consent.
Judge Rules That Sperm Can Be Used
A New York Supreme Court justice ruled that the parents of a West Point cadet who died in March can retrieve his sperm and use it for reproductive purposes.
Peter Zhu was injured in a skiing accident in on February 23. Four days later, the 21-year-old was pronounced brain dead.
However, because Zhu was an organ donor his body was kept alive for a few more days. During this time, his parents, Yongmin and Monica Zhu received a court order that allowed for his sperm to be retrieved as doctors were removing his organs for donation. At this time, it was unclear if they would actually be able to use the sperm.
Mr. and Mrs. Zhu claimed that it was their son’s wish to have children. They said that using his sperm would allow for the family name to be carried on and keep their son’s legacy alive.
In the judge’s ruling, there are several claims that Peter Zhu would often talk to his parents about “his dream of having several children, and the responsibility he felt to carry on his cultural and family legacy.”
On May 17, Justice John Colangelo granted his parents the right to use his sperm.
“At this time, the Court will place no restrictions on the use to which Peter’s parents may ultimately put their son’s sperm, including its potential for procreative purposes,” he wrote in the ruling.
As of now, it is unclear what kind of plans Mr. and Mrs. Zhu have for using the sperm, and it looks like they might wait before using it.
Justice Colangelo added in his ruling that when and if they choose to use it, it would not tarnish their son’s legacy.
“Should his parents choose to do so in the future, it would not do violence to his memory,” he wrote.
Case Raises Questions of Ethics
This ruling raised questions many have been asking for a long time regarding the ethics of posthumous procreation.
The first posthumous retrieval of sperm was reported back in 1980, and the first birth as a result of the process was reported almost two decades later in 1999. Since these cases, many have questioned whether or not consent from the deceased should be required before using their genetics to reproduce.
In Zhu’s case specifically, his parents did not have his direct permission to use his sperm in the event of his death. However, Mr. and Mrs. Zhu cited a paper he wrote at school, where he said his dream in life was to get married, have kids, and pursue a career in the military.
Several reports have been written over the years on this topic with differing opinions as to whether or not this would be enough consent to carry out the process.
A peer-reviewed journal report published in the year 2000 called Human Reproduction noted that there are grey areas.
“Written consent or verbal consent documented by a health care provider is not an absolute requirement, although such documentation would be desirable,” the report concluded.
The report did expand upon its point and acknowledged that while family members might have conflicts of interest when it comes to using the sperm, there are still cases when it could be ethical.
“It is possible that in some cases a reasonable inference can be made if the patient has previously discussed these matters with family members,” the report continued.
However, a 2018 ethics report from the American Society for Reproductive Medicine emphasized a stronger need for consent.
“Posthumous gamete (sperm or oocyte) retrieval or use for reproductive purposes is ethically justifiable if written documentation from the deceased authorizing the procedure is available,” their report says.
But it goes on to make one exception, saying “In the absence of written documentation from the decedent, programs open to considering requests for posthumous use of embryos or gametes should only do so when such requests are initiated by the surviving spouse or partner.”
In most cases where someone asks to use a sperm or embryo posthumously, the request is usually coming from a surviving spouse. However, Zhu’s case is not the first involving a request from parents.
In 2007, a court in Iowa granted a request by parents to retrieve their son’s sperm so that they could donate it to their son’s fiance.
A judge in Texas granted a mother the right to have her son’s sperm retrieved when he died at the age of 21 in 2009. She intended to hire a surrogate to carry his child.
Next Steps for the Zhu Family
Now that a judge has made a ruling, there are several steps for Mr. and Mrs. Zhu to take that could be complicated.
According to the New York Times, finding a surrogate willing to carry the baby may not be easy. The same goes for finding a fertility clinic willing to give the sperm to the surrogate so the baby can be raised by its grandparents.
The Times also reported that some hospitals have restrictions on how long they are willing to hold the sperm of a deceased person.
But Westchester Medical Center, which is in the county the ruling was given in, gave a statement to the Washington Post about the situation.
“From time to time, like most hospitals, Westchester Medical Center is presented with complex legal and ethical situations where guidance from the court is appropriate and appreciated,” they said before adding that they are “grateful the family sought a court order during such a difficult time.”
See what others are saying: (New York Times) (TIME) (Washington Post)
Biden to Mandate COVID Vaccines for Federal Workers as CDC Changes Masking Guidance
News of the efforts came on the same day that the U.S. reported more than 100,000 new daily COVID cases for the first time since February.
Federal Vaccine Mandate
President Joe Biden will announce Thursday that all federal employees must get vaccinated against COVID-19 or consent to strict testing and other safety precautions, White House officials told reporters Tuesday.
Earlier in the day, Biden said he was considering the requirement but did not provide any more information.
While the officials also said the details are still being hashed out, they did note that the policy would be similar to ones recently put in place by California and New York City, which respectively required state and city workers to get the jab or submit to regular testing.
Also on Tuesday, the Centers for Disease Control and Prevention updated their guidelines to recommend that Americans who live in areas “of substantial or high transmission,” as well as all students and teachers, wear masks indoors regardless of their vaccination status.
Delta Causes Spikes, But Vaccines Still Prove Effective
The renewed COVID mitigation efforts come as the delta variant is driving massive surges all over the country.
Coronavirus cases have quadrupled throughout July, jumping from a weekly average of 11,799 on the first day of the month to 63,248 on Tuesday, according to The New York Times tracker. Tuesday also saw new daily infections topping 100,000 for the first time since February, with more than 108,000 reported, per The Times.
While the vast majority of new infections are among people who have not been vaccinated, there have also been increasing reports of breakthrough cases in people who have received the jab.
Those cases, however, do not mean that the vaccines are not effective.
No vaccine prevents 100% of infections. Health officials have said time and time again that the jabs are intended to prevent severe disease and death, and they are doing just that.
According to the most recent data for July 19, the CDC reported that only 5,914 of the more than 161 million Americans who have gotten the vaccine were hospitalized or died from COVID-19 — a figure that represents 0.0036% of vaccinated people.
While safety precautions may be recommended for some people who have received the vaccine, many media narratives have overstated the role breakthrough cases play in the recent spikes. As New York Magazine explains, it is imperative to understand these new mask recommendations are not happening because the vaccine is not effective, but because not enough people are getting the vaccine.
“Because breakthrough infections have so often made the news due to their novelty, that can create a perception of more cases than are actually happening — particularly without more robust tracking of the actual cases to provide context,” the outlet wrote.
See what others are saying: (The Washington Post) (The New York Times) (CNBC)
Wisconsin Police Deny Planting Evidence in Viral Video, Release Their Own Body Cam Footage
The footage police released shows that during a search, officers found a corner tear from a plastic bag inside a backseat passenger’s pocket. An officer then discarded it into the car after determining that it was empty.
Viral Video Appears To Show Officer Planting Evidence
The Caledonia Police Department in Wisconsin has responded to a viral cell phone video that appears to show an officer planting a small plastic baggie inside of a car during a traffic stop.
The now-viral footage was posted to Facebook by a man who goes by GlockBoy Savoo.
The user, who also filmed the clip, wrote in his post’s caption that the officer did this “just to get a reason to search the car” and said the cop didn’t know he was being recorded by the passenger.
Police Shut Down Accusations With Their Own Footage
After that video spread across social media, many were outraged, calling the Caledonia police dirty for seemingly planting evidence. All the outrage eventually prompted the department to announce an investigation Saturday.
Within hours, the department provided an update, claiming that officers didn’t actually plant any evidence or do anything illegal.
Police shared a lengthy summary of events, along with two body camera clips from the incident. That statement explained that the driver of the vehicle was pulled over for going 63 in a 45mph zone.
Two passengers in the backseat who were then spotted without seatbelts were asked to identify themselves and step out of the car. During a search of one passenger’s pockets, an officer pulled out “an empty corner tear” from a plastic baggie.
Police claim the corner tear did not contain any illegal substances, though they said this type of packaging is a common method for holding illegal drugs.
In one body cam clip, an officer can be heard briefly questioning the backseat passenger about the baggie. Then, that piece of plastic gets handed off to different officers who also determined it as empty before the officer in the original viral video discarded it into the back of the car.
The officer can also be seen explaining where the plastic came from to the passenger recording him.
“Aye, bro you just threw that in here!” the front seat passenger says, as heard in his version of the events.
“Yeah, cause it was in his pocket and I don’t want to hold onto it. It’s on their body cam that they took it off of him…I’m telling you where it came from, so. It’s an empty baggie at the moment too, so,” the officer replies.
The department went on to explain that while it would discourage officers from discarding items into a citizen’s car, this footage proves that evidence was not planted.
Authorities also noted that no arrests were made in this incident and the driver was the only one issued a citation for speeding. The statement added that since four officers were present at the scene, police have more than six hours of footage to review but they promised to release the footage in full in the near future.
See what others are saying: (Heavy)(CBS 58) (Milwaukee Journal Sentinel)
Medical Groups, Local Leaders Push for Healthcare Workers and Public Employees To Get Vaccinated
The move comes as COVID cases have nearly quadrupled in the last month due to the rapid spread of the highly infectious delta variant.
Increased Calls for Mandatory Vaccinations in Certain Sectors
More than 50 of America’s largest medical groups representing millions of healthcare workers issued a statement Monday calling for employers of all health and long-term care providers to require mandatory COVID-19 vaccinations.
The groups, which included the American Medical Association, the American Nurses Association, and 55 others, cited contagious new variants — including delta — and low vaccination rates.
“Vaccination is the primary way to put the pandemic behind us and avoid the return of stringent public health measures,” they wrote.
The call to action comes as new COVID cases have almost quadrupled during the month of July, jumping from just around 13,000 infections a day at the beginning of this month to more than 50,000.
While the vast majority of new infections and hospitalizations are among those who have not received the vaccines, many healthcare workers remain unvaccinated. According to data collected by the Centers for Medicare and Medicaid Services, over 38% of nursing home staff were not fully vaccinated as of July 11.
An analysis by WebMD and Medscape Medical News found that around 25% of hospital workers who were in contact with patients had not been vaccinated by the end of May when vaccinations became widely available.
In addition to calls for medical professionals to get vaccinated, some local leaders have also begun to impose mandates for public employees as cases continue spiking.
Last month, San Francisco announced that it was requiring all city workers to get vaccinated. Also on Monday, New York City Mayor Bill de Blasio said that all municipal employees — including police officers and teachers — must either get the jab or agree to weekly testing by the time school starts in September.
Dr. Fauci Says U.S. Officials Are Considering Revising Mask Guidance for Vaccinated People
Numerous top U.S. health officials have applauded efforts by local leaders to mitigate further spread of the coronavirus, including the nation’s top infectious disease expert, Dr. Anthony Fauci, who confirmed Sunday that federal officials are actively considering whether to revise federal masking guidelines to recommend that vaccinated Americans wear face coverings in public settings.
In May, the Centers for Disease Control and Prevention said people who are vaccinated do not need to mask in public. Although that was a non-binding recommendation, many states and cities that had not already lifted restrictions on masking began to do so shortly after.
But now, local leaders in areas seeing big spikes have begun reimposing mask mandates — even for those who are vaccinated — including major counties like Los Angeles and St. Louis.
In his remarks Sunday, Fauci also emphasized that, despite claims from many conservatives, those efforts are in line with the federal recommendations, which leave space for local leaders to issue their own rules.
While Fauci and other top U.S. public health officials have encouraged local governments to take action, Republican lawmakers in several states are taking steps to limit the ability of local leaders and public health officials to take certain mitigation measures.
According to the Network for Public Health Law, at least 15 state legislatures have passed or are considering bills to limit the legal authority of public health agencies — and that does not even include unilateral action taken by governors.
Some of the leaders of states suffering the biggest spikes have banned local officials from imposing their own mask mandates, like Arkansas, which has the highest per capita cases in the country right now, as well as Florida, which currently ranks third.
Notably, some of the laws proposed or passed by Republicans could go beyond just preventing local officials from trying to mitigate surges in COVID cases and may have major implications for other public health crises.
For example, according to The Washington Post, a North Dakota law that bans mask mandates applies to other breakouts — even tuberculosis — while a new Montana law also bars the use of quarantine for people who have been exposed to an infectious disease but have not yet tested positive.