The
law is clear on one thing: when a trust document does not address the issue,
Ms. Klein said, “children born with the new technology are entitled to inherit
with the same rights as a natural-born child.”
Planning an inheritance? Just
when you feel you've thought of all the family members you know and wish to
include in your bequests, there is another type of heir to consider. The
current science of fertility, preservation, and in vitro fertilization has
stretched inheritance laws to new limits when it comes to determining “unknown
heirs.”
The New York Times noted some of the challenges in an article
titled “Fertility Treatments Produce Heirs Their
Parents Never Knew.”
There was a time, not so long
ago, when family lines split and branched like a tree. This was known,
literally, as per stirpes in the
estate law canon. Inheritance law has adhered to this concept.
Problems arise when family lines
do not follow neatly branching blood ties in a one-to-one relationship. More
specifically, what happens when certain kinds of fertility treatments or
preservations allow “genetic material” to be preserved well past the lives of
the genetic mother or father? Are these children still heirs?
The law is muddled, but
generally yes.
In rich estates this means a new
potential heir to lay claim to assets. In even more modest estates, this means
a new eligible child for their parents’ benefits under various governmental
programs.
So, how do you plan for the heir
you will never know? In the first instance, it likely will all hinge on why you
preserved genetic material in the first place. Many now preserve eggs prior to
undergoing chemotherapy or another treatment, and some simply before menopause.
Many men preserve genetic material before going to war or, likewise, just in
case.
If you have preserved your
genetic material, then what are your reasons for doing so? In some instances
you can create a plan to protect what you would want protected. If nothing
else, this is a subject with very deep and broad implications.
For more information and articles on
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Reference: The New York Time
(August 30, 2013) “Fertility Treatments Produce Heirs Their
Parents Never Knew”