Family of fallen soldier seek to file lawsuit over use of preserved sperm

A proposed bill would family of fallen soldiers the right to use their sperm, even without written consent from the deceased.

 Rescued hostage Qaid Farhan Alkadi arrives via IDF helicopter to Soroka Medical center. (photo credit: IDF SPOKESPERSON'S UNIT)
Rescued hostage Qaid Farhan Alkadi arrives via IDF helicopter to Soroka Medical center.
(photo credit: IDF SPOKESPERSON'S UNIT)

The parents of Barel Hadaria Shmueli, a border police officer killed by a terrorist near the Gaza border in 2021, plan to file a lawsuit against Soroka Medical Center and the State Attorney’s Office to fulfill what they claim was their son's wish to have children, using sperm extracted after his death, according to a report from N12.

N12 stated that after Barel's death, his mother, Nitza Shmueli, requested Soroka Medical Center to extract and freeze his sperm, and now the family is seeking legal permission to use it.

Barel's mother and Knesset members have worked to pass this "continuity bill."

Proposed legislation

The proposed bill would allow the spouse of a deceased person to use his sperm after his passing, even if he did not leave behind written instructions on the matter, on the assumption that he would have wanted the continuity of his family and taking into account his spouse's right to parenthood, a previous Jpost article wrote.

According to the Health Ministry, over a hundred successful sperm preservation cases have been reported since October 7, most of which involved soldiers. The committee also claims that a percentage of these cases were carried out at the parents' request.

Family members of October 7 victims grieve over loved ones' deaths at the site of the Nova music festival a year after the Hamas massacre. (credit: CHEN SCHIMMEL)
Family members of October 7 victims grieve over loved ones' deaths at the site of the Nova music festival a year after the Hamas massacre. (credit: CHEN SCHIMMEL)

Barel’s family planned to present testimony from those closest to him, confirming that he often expressed a desire to have children, even if he died during service, N12 said.

Soroka Medical Center responded by stating that they would comply with any decision made by the court.