[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.amorusolaw.com\/blog\/the-science-of-fertility-impacts-inheritance-planning-greenwich-ct-rye-brook-ny\/#BlogPosting","mainEntityOfPage":"https:\/\/www.amorusolaw.com\/blog\/the-science-of-fertility-impacts-inheritance-planning-greenwich-ct-rye-brook-ny\/","headline":"The Science Of Fertility Impacts Inheritance Planning","name":"The Science Of Fertility Impacts Inheritance Planning","description":"The law is clear on one thing: when a trust document does not address the issue, Ms. Klein said, \u201cchildren born with the new technology are entitled to inherit with the same rights as a natural-born child.\u201d Planning an inheritance? Just when you feel you’ve thought of all the family members you know and wish […]","datePublished":"2013-09-16","dateModified":"2023-08-12","author":{"@type":"Person","@id":"https:\/\/www.amorusolaw.com\/blog\/author\/amorusolaw\/#Person","name":"Amoruso & Amoruso LLP","url":"https:\/\/www.amorusolaw.com\/blog\/author\/amorusolaw\/","identifier":5,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/12de032c04195e9c39a06a6d6eea182f7b4fa655c20e245f8094a244b5cdd0cb?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/12de032c04195e9c39a06a6d6eea182f7b4fa655c20e245f8094a244b5cdd0cb?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Amoruso & Amoruso LLP","logo":{"@type":"ImageObject","@id":"https:\/\/www.amorusolaw.com\/wp-content\/uploads\/2023\/07\/amoruso-logo.svg","url":"https:\/\/www.amorusolaw.com\/wp-content\/uploads\/2023\/07\/amoruso-logo.svg","width":0,"height":0}},"image":{"@type":"ImageObject","@id":"https:\/\/www.amorusolaw.com\/wp-content\/uploads\/2023\/04\/6a01901dd0a082970b019aff5d9f3d.jpg","url":"https:\/\/www.amorusolaw.com\/wp-content\/uploads\/2023\/04\/6a01901dd0a082970b019aff5d9f3d.jpg","height":600,"width":393},"url":"https:\/\/www.amorusolaw.com\/blog\/the-science-of-fertility-impacts-inheritance-planning-greenwich-ct-rye-brook-ny\/","about":["Estate Planning","Inheritance","Posthumous Heirs"],"wordCount":372,"keywords":["Estate Law","Fertility Treatments","Inheritance","Posthumously-Born Heir"],"articleBody":"The law is clear on one thing: when a trust document does not address the issue, Ms. Klein said, \u201cchildren born with the new technology are entitled to inherit with the same rights as a natural-born child.\u201dPlanning an inheritance? Just when you feel you’ve thought of all the family members you know and wish to include in your bequests, there is another type of heir to consider. The current science of fertility, preservation, and in vitro fertilization has stretched inheritance laws to new limits when it comes to determining \u201cunknown heirs.\u201dThe New York Times noted some of the challenges in an article titled \u201cFertility Treatments Produce Heirs Their Parents Never Knew.\u201dThere was a time, not so long ago, when family lines split and branched like a tree. This was known, literally, as per stirpes in the estate law canon. Inheritance law has adhered to this concept.Problems arise when family lines do not follow neatly branching blood ties in a one-to-one relationship. More specifically, what happens when certain kinds of fertility treatments or preservations allow \u201cgenetic material\u201d to be preserved well past the lives of the genetic mother or father? Are these children still heirs?The law is muddled, but generally yes.In rich estates this means a new potential heir to lay claim to assets. In even more modest estates, this means a new eligible child for their parents\u2019 benefits under various governmental programs.So, how do you plan for the heir you will never know? In the first instance, it likely will all hinge on why you preserved genetic material in the first place. Many now preserve eggs prior to undergoing chemotherapy or another treatment, and some simply before menopause. Many men preserve genetic material before going to war or, likewise, just in case.If you have preserved your genetic material, then what are your reasons for doing so? In some instances you can create a plan to protect what you would want protected. If nothing else, this is a subject with very deep and broad implications.Reference: The New York Times (August 30, 2013) \u201cFertility Treatments Produce Heirs Their Parents Never Knew\u201dFor more information on asset preservation and estate planning, please visit my estate planning website."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.amorusolaw.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"The Science Of Fertility Impacts Inheritance Planning","item":"https:\/\/www.amorusolaw.com\/blog\/the-science-of-fertility-impacts-inheritance-planning-greenwich-ct-rye-brook-ny\/#breadcrumbitem"}]}]