In Vitro Offspring Increase; Laws Governing Their Inheritance Do Not

Although the use of assisted reproductive technologies has doubled in the United States over the past ten years, most states still don’t have statutes that govern the inheritance rights of children conceived after a parent’s death. According to trust and estate attorney Joshua Rubenstein, the most common inheritance dispute that arises in this context occurs when a wife has been distanced from the family of her deceased husband, has a child posthumously, and wants access to trust fund money.

Because few states have laws that govern these situations and you can’t count on a judge to interpret intentions correctly, people who have genetic material preserved need thorough, thoughtful estate planning documents that specify how the testator feels about children conceived in this manner.

For more information, including details about different state laws in this area, see Margaret Collins, Rise of In Vitro Offspring Ignites Question of Rightful Heirs, Bloomberg, Oct. 15, 2010.

Special thanks to Jim Hillhouse (WealthCounsel) for bringing this to my attention.