Birth after Death: Perpetuities & the New Reproductive Technologies
Case Western Reserve University School of Law
Andrew P. Morriss
University of Alabama School of Law; PERC - Property and Environment Research Center; George Mason University - Mercatus Center
Georgia Law Review, Forthcoming
Contemporary developments in reproductive technology have generated extensive debate among lawyers, ethicists, legislators, the media, and the public. Concern has intensified recently in light of claimed attempts to clone human beings. One implication of the new reproductive technologies upon which few commentators have focused is their effect on the Rule Against Perpetuities. For example, what impact should the possible existence of frozen sperm or frozen embryos have upon the execution of wills and implementation of the Rule? This Article provides a thorough analysis of the Rule Against Perpetuities, its policies, and reformulations of the Rule. It further describes the serious problems that the new reproductive technologies pose for the viability of the Rule. Finally, it recommends reforms designed to protect the policy interests served by the Rule while addressing the implications of the new reproductive technologies.
Number of Pages in PDF File: 55Accepted Paper Series
Date posted: April 21, 2003
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