Article On Succession Issues For Multi Parent Children

Judith F. Daar (Professor of Law, Whittier Law School) recently published an article entitled, Multi-Party Parenting in Genetics and Law: A View from Succession, 49 Fam. L.Q. 71-92 (2015). Provided below is an excerpt from the article:

In early 2014, two independent advances introduced the possibility of creating children with more than two genetic and legal parents. Researchers sought permission to proceed with human trials using “three-parent IVF,” a technique that would produce a child with three genetic parents. Concurrently, a newly enacted California law permits judges to recognize more than two parents when failure to do so would be a detriment to the child. Multi-parent families raise numerous questions about the well-being of the affected individuals but future impacts are rarely discussed. This article considers multi-party parenting through the lens of succession, the rights of heirs to succeed to property of a decedent who dies without a will. Using intestate models that pay homage to relationships forged by blood, marriage and adoption, this article assesses whether multi-parent families could or should be captured by existing schemes, governed by newly tailored schemes, or dismissed from succession altogether.