Robertson v. Saadat
The court held that, under California law, a donor's expressed intent controls the post-mortem disposition of his gametes and, because the deceased husband did not manifest a desire that his stored sperm be used for conception after his death, the surviving spouse has no contractual or tort claim for damages arising from the loss of those gametes, thereby barring emotional-distress or breach-.
Date Filed: May 01, 2020
Case Name: Robertson v. Saadat
Case Number: B292448
Court: California Court of Appeal, Second Appellate District, Division One
(‘The court decides whether a surviving spouse can recover contract or tort damages for the loss of a deceased husband’s stored sperm when the donor never expressed an intent to permit post‑humous conception. It holds that under California law the donor’s intent governs the disposition of gametes after death; because the husband did not manifest a desire that his sperm be used to conceive a child after his death, the plaintiff has no legal right to the sperm and therefore suffers no compensable injury. This ruling clarifies that claims for emotional‑distress or breach of contract based on lost gametes are barred unless the donor’s intent to allow post‑mortem use is clearly established, shaping how probate and reproductive‑technology disputes are evaluated in California.’, ‘97e921cc’)
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.