Bill Text: IA HF63 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to the status of posthumously conceived and born children in the context of legitimacy, inheritance, rights to claim an after-born child's share, and other rights. (See Cmte. Bill HF 245)
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [HF63 Detail]
Download: Iowa-2011-HF63-Introduced.html
House
File
63
-
Introduced
HOUSE
FILE
63
BY
KAUFMANN
and
SWAIM
A
BILL
FOR
An
Act
relating
to
the
status
of
posthumously
conceived
and
1
born
children
in
the
context
of
legitimacy,
inheritance,
2
rights
to
claim
an
after-born
child’s
share,
and
other
3
rights.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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63
Section
1.
Section
252A.3,
Code
2011,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
4A.
a.
A
child
born
of
parents
who
at
any
3
time
prior
to
the
birth
of
the
child
entered
into
a
civil
or
4
religious
marriage
ceremony
is
deemed
the
legitimate
child
of
5
both
parents,
regardless
of
the
validity
of
such
marriage,
if
6
all
of
the
following
conditions
are
met:
7
(1)
The
marriage
was
not
thereafter
dissolved
prior
to
the
8
death
of
either
parent.
9
(2)
The
child
was
conceived
and
born
after
the
death
of
10
a
parent
or
was
born
as
the
result
of
the
implantation
of
an
11
embryo
after
the
death
of
a
parent.
12
(3)
A
genetic
parent-child
relationship
between
the
child
13
and
the
deceased
parent
is
established.
14
(4)
The
deceased
parent,
in
a
signed
writing,
authorized
the
15
other
parent
to
use
the
deceased
parent’s
genetic
material
to
16
initiate
the
posthumous
procedure
that
resulted
in
the
child’s
17
birth,
or
the
deceased
parent,
by
a
specific
reference
to
the
18
genetic
material,
bequeathed
the
genetic
material
to
the
other
19
parent
in
a
valid
will.
20
(5)
The
child
is
born
within
two
years
of
the
death
of
the
21
deceased
parent.
22
b.
For
the
purposes
of
this
subsection,
“genetic
material”
23
means
sperm,
eggs,
or
embryos.
24
NEW
SUBSECTION
.
5A.
a.
A
child
born
of
parents
who
at
25
any
time
prior
to
the
birth
of
the
child
held
themselves
out
26
as
spouses
by
virtue
of
a
common
law
marriage
is
deemed
the
27
legitimate
child
of
both
parents,
if
all
of
the
following
28
conditions
are
met:
29
(1)
The
marriage
was
not
thereafter
dissolved
prior
to
the
30
death
of
either
parent.
31
(2)
The
child
was
conceived
and
born
after
the
death
of
32
a
parent
or
was
born
as
the
result
of
the
implantation
of
an
33
embryo
after
the
death
of
a
parent.
34
(3)
A
genetic
parent-child
relationship
between
the
child
35
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and
the
deceased
parent
is
established.
1
(4)
The
deceased
parent,
in
a
signed
writing,
authorized
the
2
other
parent
to
use
the
deceased
parent’s
genetic
material
to
3
initiate
the
posthumous
procedure
that
resulted
in
the
child’s
4
birth,
or
the
deceased
parent,
by
a
specific
reference
to
the
5
genetic
material,
bequeathed
the
genetic
material
to
the
other
6
parent
in
a
valid
will.
7
(5)
The
child
is
born
within
two
years
of
the
death
of
the
8
deceased
parent.
9
b.
For
purposes
of
this
subsection,
“genetic
material”
means
10
sperm,
eggs,
or
embryos.
11
Sec.
2.
NEW
SECTION
.
633.220A
Posthumous
child.
12
1.
For
the
purposes
of
rules
relating
to
intestate
13
succession,
a
child
of
an
intestate
conceived
and
born
after
14
the
intestate’s
death
or
born
as
the
result
of
the
implantation
15
of
an
embryo
after
the
death
of
the
intestate
is
deemed
a
child
16
of
the
intestate
as
if
the
child
had
been
born
during
the
17
lifetime
of
the
intestate
and
had
survived
the
intestate,
if
18
all
of
the
following
conditions
are
met:
19
a.
A
genetic
parent-child
relationship
between
the
child
and
20
the
intestate
is
established.
21
b.
The
intestate,
in
a
signed
writing,
authorized
the
22
intestate’s
surviving
spouse
to
use
the
deceased
parent’s
23
genetic
material
to
initiate
the
posthumous
procedure
that
24
resulted
in
the
child’s
birth.
25
c.
The
child
is
born
within
two
years
of
the
death
of
the
26
intestate.
27
2.
Any
heir
of
the
intestate
whose
interest
in
the
28
intestate’s
estate
would
be
reduced
by
the
birth
of
a
child
29
born
as
provided
in
subsection
1
shall
have
one
year
from
the
30
birth
of
the
child
within
which
to
bring
an
action
challenging
31
the
child’s
right
to
inherit
under
this
chapter.
32
3.
For
the
purposes
of
this
section,
“genetic
material”
33
means
sperm,
eggs,
or
embryos.
34
Sec.
3.
Section
633.267,
Code
2011,
is
amended
to
read
as
35
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follows:
1
633.267
Children
born
or
adopted
after
execution
of
will.
2
1.
If
a
testator
fails
to
provide
in
the
testator’s
will
3
for
any
child
of
the
testator’s
children
testator
born
to
or
4
adopted
by
the
testator
after
the
execution
of
the
testator’s
5
last
will,
such
child,
whether
born
before
or
after
the
6
testator’s
death,
shall
receive
a
share
in
the
estate
of
the
7
testator
equal
in
value
to
that
which
the
child
would
have
8
received
under
section
633.211
,
633.212
,
or
633.219
,
after
9
taking
into
account
the
spouse’s
intestate
share
under
section
10
633.211
or
section
633.212,
whichever
section
or
sections
are
11
applicable,
if
the
testator
had
died
intestate,
unless
it
12
appears
from
the
will
that
such
omission
was
intentional.
13
2.
a.
For
the
purposes
of
this
section,
a
child
born
after
14
the
testator’s
death
includes
a
child
of
the
testator
conceived
15
and
born
after
the
testator’s
death,
or
a
child
born
as
the
16
result
of
the
implantation
of
an
embryo
after
the
testator’s
17
death,
if
all
of
the
following
conditions
are
met:
18
(1)
A
genetic
parent-child
relationship
between
the
child
19
and
the
testator
is
established.
20
(2)
The
testator,
in
a
signed
writing,
authorized
the
21
testator’s
surviving
spouse
to
use
the
deceased
parent’s
22
genetic
material
to
initiate
the
posthumous
procedure
that
23
resulted
in
the
child’s
birth
or
the
testator
by
specific
24
reference
to
the
genetic
material,
bequeathed
the
genetic
25
material
to
the
other
parent
in
a
valid
will.
26
(3)
The
child
is
born
within
two
years
of
the
death
of
the
27
testator.
28
b.
Any
child
of
the
testator
whose
share
of
the
estate
29
would
be
reduced
by
the
birth
of
a
child
born
as
provided
in
30
paragraph
“a”
shall
have
one
year
from
the
birth
of
the
child
31
within
which
to
bring
an
action
challenging
the
child’s
right
32
to
a
share
of
the
estate
under
this
section.
33
c.
For
the
purposes
of
this
subsection,
“genetic
material”
34
means
sperm,
eggs,
or
embryos.
35
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Sec.
4.
Section
633.477,
Code
2011,
is
amended
by
adding
the
1
following
new
subsection:
2
NEW
SUBSECTION
.
13.
A
statement
as
to
whether
the
3
decedent
left
any
genetic
material,
and
if
the
decedent
left
4
genetic
material,
if
the
personal
representative
has
reserved
5
sufficient
estate
assets
to
fund
the
distribution
to
which
6
posthumous
heirs,
if
any,
would
be
entitled
to
receive;
that
7
the
personal
representative
will
wait
until
two
years
after
the
8
decedent’s
date
of
death
to
make
final
distributions;
and
that
9
the
personal
representative
will
submit
a
supplemental
report
10
after
such
final
distributions
have
been
made.
11
Sec.
5.
Section
633A.3106,
Code
2011,
is
amended
to
read
as
12
follows:
13
633A.3106
Children
born
or
adopted
after
execution
of
a
14
revocable
trust.
15
1.
When
a
settlor
fails
to
provide
in
a
revocable
trust
for
16
any
of
the
settlor’s
children
born
to
or
adopted
by
the
settlor
17
after
the
execution
of
the
trust
or
the
last
amendment
to
the
18
trust,
such
child,
whether
born
before
or
after
the
settlor’s
19
death,
shall
receive
a
share
of
the
trust
equal
in
value
to
20
that
which
the
child
would
have
received
under
section
633.211
,
21
633.212
,
or
633.219
,
after
taking
into
account
the
spouse’s
22
intestate
share
under
section
633.211
or
section
633.212,
23
whichever
is
applicable,
as
if
the
settlor
had
died
intestate,
24
unless
it
appears
from
the
terms
of
the
trust
or
decedent’s
25
will
that
such
omission
was
intentional.
26
2.
For
the
purposes
of
this
section,
a
child
born
after
the
27
death
of
the
settlor
who
would
have
been
entitled
to
a
share
28
of
the
settlor’s
probate
estate
pursuant
to
section
633.267
29
shall
be
treated
as
a
child
of
the
settlor
for
purposes
of
this
30
section.
31
EXPLANATION
32
This
bill
relates
to
the
status
of
posthumously
conceived
33
and
born
children
in
the
context
of
legitimacy,
inheritance,
34
rights
to
claim
an
after-born
child’s
share,
and
other
rights.
35
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The
bill
provides
that
if
a
child
is
born
of
parents
who
1
entered
into
a
civil
or
religious
marriage
ceremony
or
a
common
2
law
marriage
at
any
time
prior
to
the
birth
of
the
child,
3
the
child
is
deemed
the
legitimate
child
of
both
parents,
4
regardless
of
the
validity
of
such
marriage,
if
the
marriage
5
was
not
thereafter
dissolved
prior
to
the
death
of
either
6
parent,
if
the
child
was
conceived
and
born
after
the
death
7
of
a
parent,
and
if
these
conditions
are
met:
a
genetic
8
parent-child
relationship
between
the
child
and
the
deceased
9
parent
is
established;
the
deceased
parent
authorized
the
other
10
parent,
in
a
written
instrument
or
by
specific
bequest
in
a
11
valid
will,
to
use
the
deceased
parent’s
genetic
material
to
12
initiate
the
posthumous
procedure
that
resulted
in
the
child’s
13
birth;
and
the
child
is
born
within
two
years
of
the
death
of
14
the
deceased
parent.
15
In
the
context
of
intestate
succession,
the
bill
provides
16
that
a
child
of
an
intestate
conceived
and
born
after
the
17
intestate’s
death
is
the
intestate’s
child
just
as
if
the
18
child
had
been
born
in
the
lifetime
of
the
intestate
and
had
19
survived
the
intestate
if
three
conditions
are
met:
a
genetic
20
parent-child
relationship
between
the
child
and
the
intestate
21
is
established;
the
intestate
authorized
the
surviving
spouse,
22
in
a
signed
writing,
to
use
the
deceased
parent’s
genetic
23
material
to
initiate
the
posthumous
procedure
that
resulted
in
24
the
child’s
birth;
and
the
child
is
born
within
two
years
of
25
the
death
of
the
intestate.
Additionally,
the
bill
provides
26
that
any
heir
of
the
intestate
whose
interest
in
the
estate
27
of
the
intestate
will
be
reduced
by
the
birth
of
a
child
born
28
posthumously,
shall
have
one
year
from
the
birth
of
the
child
29
within
which
to
bring
an
action
to
challenge
the
child’s
right
30
to
a
share
of
the
estate.
31
In
the
context
of
testate
succession,
the
bill
provides
that
32
a
child
born
after
the
testator’s
death
includes
a
child
of
33
the
testator
born
after
the
testator’s
death,
if
the
following
34
conditions
are
all
met:
a
genetic
parent-child
relationship
35
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63
between
the
child
and
the
testator
is
established;
the
testator
1
authorized
the
surviving
spouse,
in
a
signed
writing,
to
use
2
the
testator’s
genetic
material
to
initiate
the
posthumous
3
procedure
that
resulted
in
the
child’s
birth;
and
the
child
4
is
born
within
two
years
of
the
death
of
the
testator.
5
Additionally,
the
bill
provides
that
any
child
of
the
testator
6
whose
share
of
the
estate
would
be
reduced
by
the
birth
of
7
a
child
born
posthumously
shall
have
one
year
from
the
birth
8
of
the
child
within
which
to
bring
an
action
challenging
the
9
child’s
right
to
a
share
of
the
estate.
Such
after-born
child
10
would
receive
a
share
in
the
estate
of
the
testator
equal
in
11
value
to
that
which
the
child
would
have
received
under
the
12
applicable
Code
sections
relating
to
intestate
succession,
13
unless
it
appears
from
the
will
that
omission
from
the
will
14
relative
to
the
child
was
intentional.
In
the
context
of
a
15
revocable
trust,
the
bill
provides
that
a
child
born
after
16
death
of
the
settlor
who
would
have
been
entitled
to
a
share
of
17
the
settlor’s
probate
estate
shall
be
treated
as
a
child
of
the
18
settlor.
19
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