Hecht v. Superior Court (Kane), 20 Cal. App. 4th 1605 (Cal. Ct. App. 1993)
Hecht v. Superior Court is a foundational California case at the intersection of property, trusts and estates, and reproductive rights.
Does a decedent have a property interest in his stored sperm sufficient to permit testamentary disposition to a named donee for potential posthumous reproduction, and did the trial court err by ordering destruction of the sperm on public policy grounds?
In California, a person who deposits sperm for storage retains a legally cognizable, limited property interest—an interest in decision-making control and disposition—that is sufficient to (1) support standing to enforce the depositor's intent, (2) permit testamentary transfer consistent with governing contracts, and (3) preclude judicial destruction absent a contrary statute or compelling public policy. Procreative autonomy, protected by constitutional and common-law principles, encompasses decisions to procreate using stored gametes, and courts will honor clear donor intent unless such use contravenes specific statutory prohibitions or established public policy.
Yes. The decedent retained a property-like interest in his stored sperm that could be the subject of testamentary disposition. The superior court erred in ordering its destruction and in refusing to honor the decedent's expressed intent. The appellate court issued a writ directing the trial court to vacate its destruction order and to recognize Hecht's right, as the intended donee, to possess and potentially use the sperm consistent with Kane's instructions and the Cryobank agreement.
Hecht is a leading case recognizing that stored gametes are subject to donor control as a form of limited property, enabling testamentary transfer for reproductive use. It is central to courses on Property and Trusts & Estates for its intent-centric approach to novel assets and to Family Law/Reproductive Rights for its articulation of procreative autonomy beyond the donor's death. The decision influenced policy debates and later statutes nationwide on posthumous conception, inheritance rights of posthumously conceived children, and clinic consent forms governing disposition of reproductive materials.