RAP “outrageous” hypos become reality

When teaching the Rule Against Perpetuities, it is common to explain that in applying the traditional formulation of the Rule, no one is every too old to give birth.  This always brings chuckles from students as they consider someone in her 70’s or 80’s giving birth (“the fertile octogenarian”).

Recently, however, these seemingly impossible situations are starting to happen.  The following excerpts are from Lisa Belkin, 70-Year-Old Woman Gives Birth, NY Times, Dec. 9, 2008:

Rajo Devi became the oldest woman in recorded history to ever give birth on November 28, when the 70-year-old delivered a baby girl in India.

Married for 50 years, she had been trying, without success, to have a child for much of that time, until she entered menopause (which was 20 years ago). * * *

The baby was conceived through the use of a donor egg that was injected with Ms. Devi’s 72-year-old husband’s sperm.

Special thanks to Deborah Letz (attorney, San Antonio, Texas) and for bringing this situation to my attention.