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Birth after Death: Perpetuities & the New Reproductive Technologies


Sharona Hoffman


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

Abstract:     
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: 55

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Date posted: April 21, 2003  

Suggested Citation

Hoffman, Sharona and Morriss, Andrew P., Birth after Death: Perpetuities & the New Reproductive Technologies. Georgia Law Review, Forthcoming. Available at SSRN: http://ssrn.com/abstract=387542 or http://dx.doi.org/10.2139/ssrn.387542

Contact Information

Sharona Hoffman (Contact Author)
Case Western Reserve University School of Law ( email )
11075 East Boulevard
Cleveland, OH 44106-7148
United States
216-368-3860 (Phone)
Andrew P. Morriss
University of Alabama School of Law ( email )
P.O. Box 870382
Tuscaloosa, AL 35487
United States
PERC - Property and Environment Research Center ( email )
2048 Analysis Drive
Suite A
Bozeman, MT 59718
United States
George Mason University - Mercatus Center ( email )
3401 N. Fairfax Dr.
Ste. 450
Arlington, VA 22201-4433
United States
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