Assisted Reproductive Technology
Real Property, Probate and Trust Law Journal, Vol. 28, No. 2, 2014
Pepperdine University Legal Studies Research Paper No. 2014/5
8 Pages Posted: 19 Mar 2014
Date Written: 2014
Abstract
The rapidly expanding use of assisted reproductive technology (ART) poses new challenges for estate planners. This article describes the three most common forms of ART (assisted insemination, in vitro fertilization, and gestational carriers) and three legal issues that arise when ART is used, including: determining who is a descendant when donated gametes (sperm or ova) are used; postmortem retrieval and use of gametes; and delay of probate proceedings to allow postmortem conception.
Keywords: Assisted reproductive technology, ART, assisted reproduction, in vitro fertilization, IVF, gestational carrier, surrogate, surrogacy agreement, Uniform Parentage Act, Uniform Probate Code, descendant, donated gametes, postmortem conception, postmortem retrieval of gametes, sperm, ova
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