Inheritance Laws in New York Regarding Reproductive Technology

Catherine Belfi (J.D. Candidate 2009, St. John’s University) has recently published her note entitled Birth of a New Age: A Comprehensive Review of New York Inheritance Law Responding to Advances in Reproductive Technology, 24 St. John’s J. Legal Comment. 113 (2009).   

Here is an excerpt from the introduction of the article:

Considering the growing use of reproductive technologies as an alternative method of procreation, it seems appropriate for states to remove reproductive technologies from their “legal vacuum” by passing responsive legislation. In the case of inheritance laws, states have valid reasons for passing responsive legislation because reproductive technologies manipulate the “traditional human relationships” upon which the law is based. For example, several reproductive technologies introduce a third-party female into the procreation process and therefore challenge the “previously incontestable assumption of maternal affiliation” in inheritance law. Other legal implications of inheritance law arising out of reproductive technologies include inheritance eligibility of children conceived by reproductive technologies, finality of estates where sperm, ovum (egg), or embryos have been frozen, and ownership of preserved sperm, ovum, or embryos.

New York statutory law has expressly addressed only the legitimacy of children conceived by AI. However, New York courts have addressed several other inheritance issues arising out of reproductive technology, including the legal status of a posthumously conceived child and her inheritance rights.This Note provides a comprehensive review of how advances in reproductive technology have shaped the legal landscape of New York’s inheritance laws and highlights the areas of law that have not yet been addressed. The plethora of issues raised by these various reproductive technologies requires the New York Legislature to statutorily address each technology individually. The analysis consists of three parts. Part I provides an overview of several reproductive technologies and catalogues the ways each technology implicates inheritance law. Part II examines the ways that both New York case law and statutory law have responded to the legal implications of these technologies. Part III reviews the recommendations offered by the New York Task Force and the Advisory Committee to the Surrogate’s Court, highlights issues that New York law has not yet addressed, and offers additional recommendations for legislative reform.