Dr. Houser Interviewed on Today Show

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Matt Lauer: It was the mothers request to have sperm harvested from her dead sons body the 21 year old was killed during an assault and his mother says it's a way for her child to live on we'll speak exclusively with the mom in a moment. But first the details on the story from nbc's Janet Shamlian .

Janet Shamlian : A life cut short Nicolas Evans was just 21 when he died this week after being violently attacked outside a bar it was a parents worse nightmare turned reality for his mother Marissa. The Texas woman made the decision to donate her sons organs so others could live. But there was something she wanted to.

Marissa Evans: I just thought about how much I loved my son and much I loved raising him and how sad I was that he wasn't going to be hear anymore and if I could find a way to have a grandbaby I can raise that it might make my heart heal a little.

Janet Shamlian : Hoping to use a surrogate mom to give birth to her biological grandchild Evans petitioned a judge to have sperm harvested from her dead sons body the order granted the medical examiners office stored Nicolas' body until the sperm was collected by an Austin urologist last night.

Dr. Elizabeth Houser: I want to do the woman a service and technically it'll be fairly simple.

Janet Shamlian : Less simple will be the legality of it all experts say there are few precedence for a case such as this.

Expert: If you allow this think of all the other possible circumstances that can come up with regard to procreation and if this mother can do this you know I mean anything is possible then and I'm not sure we want to go there.

Janet Shamlian : No arrests have been made in the assault that led to Nicolas' death.

Marissa Evans: They devastated my family whoever did this we'll never be the same.

Janet Shamlian : And it's unclear if Nicolas' sperm can be viably harvested so many hours after his death time is of the essence. But his grieving mother is holding out hope that in losing her child she could still have grandchildren. For today Janet Shamlian nbc news Houston.

Matt Lauer: Nicolas's mother Marissa Evans is with us exclusively along with her attorney Mark Mueller. Good morning to both of you and Mrs. Evans my condolences to you.

Marissa Evans: Thank you good morning.

Mark Mueller: Good morning.

Matt Lauer: good morning. Tell me a little more about Nicolas I know he loved sports he loved to write he wanted to be a film maker what else can you tell me?

Marissa Evans: He did he was compassionate he loved to help me with animal rescue um liked to write comedy skits he was he was very um deep um very artsy um very actually kind of an old soul very worldly um loved to talk about politics with his friends and get into heated discussions about that and

Matt Lauer: I know he loved kids too he talked about having kids and had even picked out the names for the children he would have so which leads me to your decision how difficult of a decision was is for you to take this step and ask that his sperm be harvested.

Marissa Evans: um it really wasn't difficult it was something that he talked about since he was a little boy and um I always dreamed about my children having children of their own and so it wasn't difficult for me tomake that decision what was difficult is actually losing my son and not being able to see him graduate from college and get married and have children the way other people have children um so it just the whole process has been horrific but this is actually kind of given me a little bit of a bright light at the end of this devastating experience.

Matt Lauer: As you know though there are some people who have raised an eyebrow about this and are not quite so sure because all though Nicolas said he wanted to have children and talked about it a lot there are people who question whether he would have wanted to have a child in this way that he couldn't be around to be a father to so does so does the ethical part of it worry you at all

Marissa Evans: um I've had thoughts about it and of course my son wouldn't want to have I mean his first choice would not be to have children like this I mean he would want to raise his children but the bottom line is he can't someone took that opportunity away from him and now I feel like as the mother to a son that I knew so well I feel like he would have wanted me to do this he would have wanted me to I was able to donated his organs to help other people live he would believe in this and want me to help him live on as well and he knows that it would help our family and it would help to heal my heart somewhat

Matt Lauer: Mr. Mueller let me bring you in here um the court obviously agreed with this apparently the sperm has been harvested was there ever any interested party I guess to use a legal term that expressed any objection to this

Mark Mueller: I haven't hear anything so it was just a matter of trying to find a legal avenue to support the sons and the mothers wishes

Matt Lauer: And there was clearly no legal precedence for it so was this fairly open and shut once you took those steps?

Mark Mueller: Well uh there wasn't anybody that objected to it and it I think it was a fairly straight forward procedure it was a matter of providing some legal justification for the physicians to go forward without concern that they would get into deep water so it's really just clearing the way it's not that complicated it doesn't need to be brought into some other scenario it's straight forward what the son would have wanted as far as we know and what the mom wanted.

Matt Lauer: Mrs. Evans I only have a few seconds left but if the sperm proves to be viable is this something you intend to pursue sooner than later

Marissa Evans: Yes definitely.

Matt Lauer: Well again my condolences to you most importantly for the loss of your son and I appreciate you speaking with us this morning.

Marissa Evans: Thank you very much

Matt Lauer: And Mr. Mueller I thank you as well.

Mark Mueller: Thank you.

 

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