Birth after Death: Perpetuities & the New Reproductive Technologies

55 Pages Posted: 21 Apr 2003

See all articles by Sharona Hoffman

Sharona Hoffman

Case Western Reserve University School of Law

Andrew P. Morriss

Bush School of Government & Public Service / School of Law; PERC - Property and Environment Research 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
United States
216-368-3860 (Phone)

HOME PAGE: http://sharonahoffman.com/

Andrew P. Morriss

Bush School of Government & Public Service / School of Law ( email )

4220 TAMU / Room 2141
2129 Allen Building
College Station, TX 77843-4220
United States

PERC - Property and Environment Research Center

2048 Analysis Drive
Suite A
Bozeman, MT 59718
United States

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