Colorado family fighting over right to preserve dead man's sperm

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A family in Colorado is working against the clock fighting for the right to preserve the sperm of a dead man. (WPVI)

An emotional fertility battle is playing out in a Colorado courtroom.

A family is working against the clock fighting for the right to preserve the sperm of a dead man.

Kate Criswell dated Tom Alexander for seven years. They were about to be engaged when he passed away suddenly from heart complications.

Now, his family says they want to preserve the family he never had and is fighting to extract and freeze his semen.

Kate says she can prove that it's what he wanted.

"All my text messages say just that I'm the love of his life, when he came out of sedation it was constantly 'I love you so much.'," said Kate.

But the hospital says he didn't have a living will and they can't perform any medical procedures without his consent.

The clock is ticking, this all must be done within 30 hours of his death.

It's not a first of its kind case. There have been instances where both eggs and sperm have been retrieved post mortem - with certain exceptions.

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