Birth after Death: Perpetuities & the New Reproductive Technologies

55 Pages Posted: 21 Apr 2003  

Sharona Hoffman

Case Western Reserve University School of Law

Andrew P. Morriss

Texas A&M School of Law; PERC - Property and Environment Research Center; George Mason University - Mercatus Center

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.

Suggested Citation

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

Sharona Hoffman (Contact Author)

Case Western Reserve University School of Law ( email )

11075 East Boulevard
Cleveland, OH 44106-7148
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216-368-3860 (Phone)

Andrew P. Morriss

Texas A&M School of Law ( email )

1515 Commerce Street
Fort Worth, TX 76133
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PERC - Property and Environment Research Center ( email )

2048 Analysis Drive
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Bozeman, MT 59718
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George Mason University - Mercatus Center ( email )

3434 Washington Blvd., 4th Floor
Arlington, VA 22201
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