Text: HF2452            Text: HF2454
Complete Bill History


House File 2453

HOUSE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 639) A BILL FOR 1 An Act relating to the status of posthumously conceived and 2 born children in the context of legitimacy, inheritance, 3 rights to claim an after=born child's share, and other 4 rights. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 6142HV (2) 83 pf/nh PAG LIN 1 1 Section 1. Section 252A.3, Code 2009, is amended by adding 1 2 the following new subsections: 1 3 NEW SUBSECTION. 4A. a. A child born of parents who at any 1 4 time prior to the birth of the child entered into a civil or 1 5 religious marriage ceremony is deemed the legitimate child of 1 6 both parents, regardless of the validity of such marriage, if 1 7 all of the following conditions are met: 1 8 (1) The marriage was not thereafter dissolved prior to the 1 9 death of either parent. 1 10 (2) The child was conceived and born after the death of 1 11 a parent or was born as the result of the implantation of an 1 12 embryo after the death of a parent. 1 13 (3) A genetic parent=child relationship between the child 1 14 and the deceased parent is established. 1 15 (4) The deceased parent, in a signed writing, authorized the 1 16 other parent to use the deceased parent's genetic material to 1 17 initiate the posthumous procedure that resulted in the child's 1 18 birth, or the deceased parent, by a specific reference to the 1 19 genetic material, bequeathed the genetic material to the other 1 20 parent in a valid will. 1 21 (5) The child is born within two years of the death of the 1 22 deceased parent. 1 23 b. For the purposes of this subsection, "genetic material" 1 24 means sperm, eggs, or embryos. 1 25 NEW SUBSECTION. 5A. a. A child born of parents who at 1 26 any time prior to the birth of the child held themselves out 1 27 as spouses by virtue of a common law marriage is deemed the 1 28 legitimate child of both parents, if all of the following 1 29 conditions are met: 1 30 (1) The marriage was not thereafter dissolved prior to the 1 31 death of either parent. 1 32 (2) The child was conceived and born after the death of 1 33 a parent or was born as the result of the implantation of an 1 34 embryo after the death of a parent. 1 35 (3) A genetic parent=child relationship between the child 2 1 and the deceased parent is established. 2 2 (4) The deceased parent, in a signed writing, authorized the 2 3 other parent to use the deceased parent's genetic material to 2 4 initiate the posthumous procedure that resulted in the child's 2 5 birth, or the deceased parent, by a specific reference to the 2 6 genetic material, bequeathed the genetic material to the other 2 7 parent in a valid will. 2 8 (5) The child is born within two years of the death of the 2 9 deceased parent. 2 10 b. For purposes of this subsection, "genetic material" means 2 11 sperm, eggs, or embryos. 2 12 Sec. 2. NEW SECTION. 633.220A Posthumous child. 2 13 1. For the purposes of rules relating to intestate 2 14 succession, a child of an intestate conceived and born after 2 15 the intestate's death or born as the result of the implantation 2 16 of an embryo after the death of the intestate is deemed a child 2 17 of the intestate as if the child had been born during the 2 18 lifetime of the intestate and had survived the intestate, if 2 19 all of the following conditions are met: 2 20 a. A genetic parent=child relationship between the child and 2 21 the intestate is established. 2 22 b. The intestate, in a signed writing, authorized the 2 23 intestate's surviving spouse to use the deceased parent's 2 24 genetic material to initiate the posthumous procedure that 2 25 resulted in the child's birth. 2 26 c. The child is born within two years of the death of the 2 27 intestate. 2 28 2. Any heir of the intestate whose interest in the 2 29 intestate's estate would be reduced by the birth of a child 2 30 born as provided in subsection 1 shall have one year from the 2 31 birth of the child within which to bring an action challenging 2 32 the child's right to inherit under this chapter. 2 33 3. For the purposes of this section, "genetic material" 2 34 means sperm, eggs, or embryos. 2 35 Sec. 3. Section 633.267, Code 2009, is amended to read as 3 1 follows: 3 2 633.267 Children born or adopted after execution of will. 3 3 1. If a testator fails to provide in the testator's will 3 4 for any child of the testator's children testator born to or 3 5 adopted by the testator after the execution of the testator's 3 6 last will, such child, whether born before or after the 3 7 testator's death, shall receive a share in the estate of the 3 8 testator equal in value to that which the child would have 3 9 received under section 633.211, 633.212, or 633.219, after 3 10 taking into account the spouse's intestate share under section 3 11 633.211 or section 633.212, whichever section or sections are 3 12 applicable, if the testator had died intestate, unless it 3 13 appears from the will that such omission was intentional. 3 14 2. a. For the purposes of this section, a child born after 3 15 the testator's death includes a child of the testator conceived 3 16 and born after the testator's death, or a child born as the 3 17 result of the implantation of an embryo after the testator's 3 18 death, if all of the following conditions are met: 3 19 (1) A genetic parent=child relationship between the child 3 20 and the testator is established. 3 21 (2) The testator, in a signed writing, authorized the 3 22 testator's surviving spouse to use the deceased parent's 3 23 genetic material to initiate the posthumous procedure that 3 24 resulted in the child's birth or the testator by specific 3 25 reference to the genetic material, bequeathed the genetic 3 26 material to the other parent in a valid will. 3 27 (3) The child is born within two years of the death of the 3 28 testator. 3 29 b. Any child of the testator whose share of the estate 3 30 would be reduced by the birth of a child born as provided in 3 31 paragraph "a" shall have one year from the birth of the child 3 32 within which to bring an action challenging the child's right 3 33 to a share of the estate under this section. 3 34 c. For the purposes of this subsection, "genetic 3 35 material" means sperm, eggs, or embryos. 4 1 Sec. 4. Section 633.477, Code 2009, is amended by adding the 4 2 following new subsection: 4 3 NEW SUBSECTION. 13. A statement as to whether the 4 4 decedent left any genetic material, and if the decedent left 4 5 genetic material, if the personal representative has reserved 4 6 sufficient estate assets to fund the distribution to which 4 7 posthumous heirs, if any, would be entitled to receive; that 4 8 the personal representative will wait until two years after the 4 9 decedent's date of death to make final distributions; and that 4 10 the personal representative will submit a supplemental report 4 11 after such final distributions have been made. 4 12 Sec. 5. Section 633A.3106, Code 2009, is amended to read as 4 13 follows: 4 14 633A.3106 Children born or adopted after execution of a 4 15 revocable trust. 4 16 1. When a settlor fails to provide in a revocable trust 4 17 for any of the settlor's children born to or adopted by the 4 18 settlor after the execution of the trust or the last amendment 4 19 to the trust, such child, whether born before or after the 4 20 settlor's death, shall receive a share of the trust equal in 4 21 value to that which the child would have received under section 4 22 633.211, 633.212, or 633.219, after taking into account the 4 23 spouse's intestate share under section 633.211 or section 4 24 633.212, whichever is applicable, as if the settlor had died 4 25 intestate, unless it appears from the terms of the trust or 4 26 decedent's will that such omission was intentional. 4 27 2. For the purposes of this section, a child born after the 4 28 death of the settlor who would have been entitled to a share 4 29 of the settlor's probate estate pursuant to section 633.267 4 30 shall be treated as a child of the settlor for purposes of this 4 31 section. 4 32 EXPLANATION 4 33 This bill relates to the status of posthumously conceived 4 34 and born children in the context of legitimacy, inheritance, 4 35 rights to claim an after=born child's share, and other rights. 5 1 The bill provides that if a child is born of parents who 5 2 entered into a civil or religious marriage ceremony or a common 5 3 law marriage at any time prior to the birth of the child, 5 4 the child is deemed the legitimate child of both parents, 5 5 regardless of the validity of such marriage, if the marriage 5 6 was not thereafter dissolved prior to the death of either 5 7 parent, if the child was conceived and born after the death 5 8 of a parent, and if these conditions are met: a genetic 5 9 parent=child relationship between the child and the deceased 5 10 parent is established; the deceased parent authorized the other 5 11 parent, in a written instrument or by specific bequest in a 5 12 valid will, to use the deceased parent's genetic material to 5 13 initiate the posthumous procedure that resulted in the child's 5 14 birth; and the child is born within two years of the death of 5 15 the deceased parent. 5 16 In the context of intestate succession, the bill provides 5 17 that a child of an intestate conceived and born after the 5 18 intestate's death is the intestate's child just as if the 5 19 child had been born in the lifetime of the intestate and had 5 20 survived the intestate if three conditions are met: a genetic 5 21 parent=child relationship between the child and the intestate 5 22 is established; the intestate authorized the surviving spouse, 5 23 in a signed writing, to use the deceased parent's genetic 5 24 material to initiate the posthumous procedure that resulted in 5 25 the child's birth; and the child is born within two years of 5 26 the death of the intestate. Additionally, the bill provides 5 27 that any heir of the intestate whose interest in the estate 5 28 of the intestate will be reduced by the birth of a child born 5 29 posthumously, shall have one year from the birth of the child 5 30 within which to bring an action to challenge the child's right 5 31 to a share of the estate. 5 32 In the context of testate succession, the bill provides that 5 33 a child born after the testator's death includes a child of 5 34 the testator born after the testator's death, if the following 5 35 conditions are all met: a genetic parent=child relationship 6 1 between the child and the testator is established; the testator 6 2 authorized the surviving spouse, in a signed writing, to use 6 3 the testator's genetic material to initiate the posthumous 6 4 procedure that resulted in the child's birth; and the child 6 5 is born within two years of the death of the testator. 6 6 Additionally, the bill provides that any child of the testator 6 7 whose share of the estate would be reduced by the birth of 6 8 a child born posthumously shall have one year from the birth 6 9 of the child within which to bring an action challenging the 6 10 child's right to a share of the estate. Such after=born child 6 11 would receive a share in the estate of the testator equal in 6 12 value to that which the child would have received under the 6 13 applicable Code sections relating to intestate succession, 6 14 unless it appears from the will that omission from the will 6 15 relative to the child was intentional. In the context of a 6 16 revocable trust, the bill provides that a child born after 6 17 death of the settlor who would have been entitled to a share of 6 18 the settlor's probate estate shall be treated as a child of the 6 19 settlor. LSB 6142HV (2) 83 pf/nh
Text: HF2452            Text: HF2454 Complete Bill History