From Test Tube to Testate: Redefining Children and Issue in Today's Estate Planning Documents
Matrimonial Strategist, Vol. 26, Number 5
May 1, 2008
Ellen Berkowitz - Boston
As the definition of family becomes increasingly complex, so does the definition of children and further descendants. Who is (and who is not) deemed to be a legal child of a marriage has implications throughout family law. How the law treats adopted children, those born out of wedlock, those born as a result of egg and sperm donation, those born via surrogates and even children conceived after the death of a parent affects support obligations, visitation rights, and often the basic parental rights of heterosexual and same-sex couples. This article addresses the ever-changing definition of children and issue in the context of estate planning and inheritance.
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