More than a decade after a fatally ill man deposited his sperm at a tissue bank, a New York appeals court has rebuffed the plea of his parents to use the sperm for conception of a grandchild, clearing the way for the destruction of the sample.

In a unanimous ruling, the Appellate Division, 1st Department, held that Mark Speranza’s parents’ proposal to use their dead son’s semen to artificially impregnate a surrogate would “fundamentally violate” 10 NYCRR 52-8.6(g), which requires sperm donors to be screened before their specimens are donated to the public.