Scientific developments have made possible the use of assisted reproductive technologies to create alternative families. One problem is determining parenthood in cases of after death conception (post-mortem conception.) If you die without a will in California, your assets will go to your closest relatives under state “intestate succession” laws. What intestate (without a Will) inheritance rights does the after death conceived child have?
Consider the following: Through artificial insemination of his mother a baby boy is conceived with sperm from the mother’s deceased spouse. Pursuant to Cal. Prob. Code § 249.5, a posthumously conceived child in California must meet the following conditions in order to be eligible for any of the deceased parent’s property. Because most of the cases involve harvesting sperm the following discussion involves the use of the father’s sperm after the father’s death.
In addition, if the father’s personal representative receives notice or has actual knowledge within 4 months after issuance of the father’s death certificate (or the earlier entry of judgment determining the fact of the father’s death) that the father’s genetic material is available for purposes of posthumous conception, the personal representative may not make a distribution until 2 years after the father’s death (California Probate Code § 249.6(a)), unless:
I handle probate matters in all California counties in all California probate courts, including Southern California Counties, such as Imperial County, Los Angeles County, Orange County, San Bernardino County, and San Diego County. I represent parties residing in California and outside of California, including foreign countries.
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