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Columbus (GA) Ledger-Enquirer
April 19, 2008 Clears the way for attempt at artificial insemination
By Lily Gordon, Special to the Ledger-Enquirer
The widow of a Fort Benning-based soldier killed March 31 in Iraq is now legally entitled to custody of her husband's sperm following Friday's issuance of a federal court order.
U.S. District Court Judge Clay Land voided a temporary restraining order he issued April 4 barring Sgt. Dayne "Darren" Dhanoolal's mother, Monica Brown, from embalming her son's remains until a medical representative for his wife, Kynesha Dhanoolal, could extract his sperm. Initially, Brown did not consent to the procedure, according to court papers filed by Kynesha Dhanoolal's lawyer. After speaking with her daughter-in-law a day after the restraining order was issued, however, Brown gave her blessing for Dhanoolal to seek artificial insemination using her late husband's sperm.
Brown, of Killeen, Texas, was not in court, but she had signed a document stating she did not object to the judge's dissolution of the restraining order. Land also gave Dhanoolal sole custody of her husband's sperm in the new order.
The sperm sample is in custody of the widow's medical representative in Dover, Delaware.
"It's up to God now whether it works or not," said Dhanoolal's lead attorney, Charles Miller. "We felt like we worked very fast."
Dhanoolal said she and her husband spoke often of having children and were hoping to conceive when he returned from Iraq. When a roadside bomb exploded near the vehicle driven by the 26-year-old 3rd Heavy Brigade Combat Team soldier, that hope seemed lost. Realizing she still might conceive her husband's child using artificial insemination, the 28-year-old Columbus woman turned her efforts to procuring his sperm.
Sgt. Dhanoolal died without a will, according to court papers filed April 4. A Muscogee County probate judge made the soldier's wife temporary administrator April 2 of her husband's estate. Miller said Georgia law states his client has the authority to control her husband's remains. Prior to his death, however, Sgt. Dhanoolal signed a DD Form 93 designating Brown as the person authorized to handle his remains upon death.
After speaking to a doctor, Yvonne Watkins, Kynesha Dhanoolal's mother, said her family is optimistic the sample is still viable. Watkins said her daughter needs time to recover emotionally and physically before she attempts artificial insemination. In November, Dhanoolal had surgery to remove uterine fibroid tumors so that she could conceive with her husband upon his return from Iraq.
Sgt. Dhanoolal's funeral was held April 11 in Killeen. Watkins said her son-in-law received a military service to include a rifle salute. He was awarded posthumously the Purple Heart and Bronze Star.
"It was a beautiful service," Watkins said.
April 19, 2008 Clears the way for attempt at artificial insemination
By Lily Gordon, Special to the Ledger-Enquirer
The widow of a Fort Benning-based soldier killed March 31 in Iraq is now legally entitled to custody of her husband's sperm following Friday's issuance of a federal court order.
U.S. District Court Judge Clay Land voided a temporary restraining order he issued April 4 barring Sgt. Dayne "Darren" Dhanoolal's mother, Monica Brown, from embalming her son's remains until a medical representative for his wife, Kynesha Dhanoolal, could extract his sperm. Initially, Brown did not consent to the procedure, according to court papers filed by Kynesha Dhanoolal's lawyer. After speaking with her daughter-in-law a day after the restraining order was issued, however, Brown gave her blessing for Dhanoolal to seek artificial insemination using her late husband's sperm.
Brown, of Killeen, Texas, was not in court, but she had signed a document stating she did not object to the judge's dissolution of the restraining order. Land also gave Dhanoolal sole custody of her husband's sperm in the new order.
The sperm sample is in custody of the widow's medical representative in Dover, Delaware.
"It's up to God now whether it works or not," said Dhanoolal's lead attorney, Charles Miller. "We felt like we worked very fast."
Dhanoolal said she and her husband spoke often of having children and were hoping to conceive when he returned from Iraq. When a roadside bomb exploded near the vehicle driven by the 26-year-old 3rd Heavy Brigade Combat Team soldier, that hope seemed lost. Realizing she still might conceive her husband's child using artificial insemination, the 28-year-old Columbus woman turned her efforts to procuring his sperm.
Sgt. Dhanoolal died without a will, according to court papers filed April 4. A Muscogee County probate judge made the soldier's wife temporary administrator April 2 of her husband's estate. Miller said Georgia law states his client has the authority to control her husband's remains. Prior to his death, however, Sgt. Dhanoolal signed a DD Form 93 designating Brown as the person authorized to handle his remains upon death.
After speaking to a doctor, Yvonne Watkins, Kynesha Dhanoolal's mother, said her family is optimistic the sample is still viable. Watkins said her daughter needs time to recover emotionally and physically before she attempts artificial insemination. In November, Dhanoolal had surgery to remove uterine fibroid tumors so that she could conceive with her husband upon his return from Iraq.
Sgt. Dhanoolal's funeral was held April 11 in Killeen. Watkins said her son-in-law received a military service to include a rifle salute. He was awarded posthumously the Purple Heart and Bronze Star.
"It was a beautiful service," Watkins said.