A New York appeals court says a couple is not entitled to their dead son's frozen sperm so they can have a grandchild.

Mark Speranza left semen samples at a lab in 1997 but ordered them destroyed if he died. He wanted to father a child if he survived his battle with cancer. He died in January 1998.

Speranza's parents sought custody of the frozen sperm so a surrogate mother could be artificially inseminated.

A Manhattan judge said state law bars use of stored semen by a surrogate without blood tests from the father. The tests were impossible since Speranza was dead.

The Appellate Division agreed and upheld the judge's ruling on Tuesday.