Abstract

http://ssrn.com/abstract=1636531
 
 

Footnotes (102)



 


 



The New Uniform Probate Code's Surprising Gender Inequities


Kristine S. Knaplund


Pepperdine University School of Law

2010

Duke Journal of Gender Law & Policy, 2011
Pepperdine University Legal Studies Research Paper No. 2010/14

Abstract:     
Two married heterosexual couples are in a car crash. The husband of couple # 1 dies instantly, as does the wife of couple # 2. At the hospital, at their spouses’ requests, doctors are able to retrieve Husband # 1's (H1) sperm and Wife # 2's (W2) ova for cryopreservation. Two years later, Wife #1 (W1) uses her dead husband’s frozen sperm to become pregnant; Husband # 2 (H2) uses his dead wife’s frozen ova and arranges with a surrogate to have a baby. Will the predeceased spouses be presumed to be parents of the resulting children, conceived and born years after their deaths?

Until recently, few states had a clear answer to this question. The 2008 version of the Uniform Probate Code (UPC) attempted to resolve a broad range of issues that arise with assisted reproduction, including the issue of postmortem conception. This Article examines the 2008 provisions of the Uniform Probate Code regarding assisted reproduction, and in particular the proposed standards for determining parentage when a child is conceived after one of the intended parents has died. It briefly discusses the history of legislation covering assisted reproduction, from the first statutes that dealt with married couples using donated sperm, to the more comprehensive laws today. It also reviews existing law and cases on parentage and inheritance for postmortem conception children. In addition, it applies the new UPC provisions to different scenarios in which a man or woman has died before conception, or a surrogacy agreement, has occurred. The Article concludes with recommendations for changes to the UPC.

Number of Pages in PDF File: 30

Keywords: Uniform Probate Code, probate, assisted reproduction, ART, sperm, child, parentage, parent, death, postmortem, conception, ova, egg, sperm, surrogacy, conceive, born, birth, inheritance, rights, frozen, cryopreservation, hospital, medical, marriage, spouse

Accepted Paper Series





Download This Paper

Date posted: July 9, 2010  

Suggested Citation

Knaplund, Kristine S., The New Uniform Probate Code's Surprising Gender Inequities (2010). Duke Journal of Gender Law & Policy, 2011; Pepperdine University Legal Studies Research Paper No. 2010/14. Available at SSRN: http://ssrn.com/abstract=1636531

Contact Information

Kristine S. Knaplund (Contact Author)
Pepperdine University School of Law ( email )
24255 Pacific Coast Highway
Malibu, CA 90263
United States
Feedback to SSRN


Paper statistics
Abstract Views: 669
Downloads: 73
Download Rank: 194,380
Footnotes:  102

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.297 seconds