Estate planners often draft contingency clauses to include/exclude as beneficiaries “children hereafter born to or adopted by me.” With assisted reproductive technology, children can be conceived long after an individual's death.
Courts generally grant inheritance rights to after-born and after-conceived children if the parent consented to using preserved sperm or eggs postmortem. But what about the estate of a third party? Should a child's surviving spouse be permitted to conceive and produce future beneficiaries who will receive bequests from a grandparent? Would a client's intent differ depending on the gender of the child donating the genetic material and that of the in-law surviving spouse? What if the genetic donor is incapacitated and unable to consent to the harvest of sperm or eggs? The law in these cases is just being developed.
Program Schedule
• Overview of Recent Cases on after-born and after-conceived Children.
• Discussion of the impact of assisted reproductive technology on inheritance rights.
• Drafting suggestions to clarify a transferor's intent.
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