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MS HB1542
Bill
Status
5/13/2024
Primary Sponsor
Dana Underwood McLean
Click for details
AI Summary
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Enacts the "Chris McDill Law" to allow children conceived through assisted reproductive technology after a decedent's death to inherit from the estate if born at least 120 hours after birth.
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Requires the decedent to have signed a record consenting to use of their genetic material in assisted reproduction after death, with a rebuttable presumption against consent if the decedent was divorced or legally separated from the person seeking to use the genetic material.
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Requires notice or actual knowledge of intent to use genetic material be received by the personal representative and court within 6 months of death, and the embryo must be in utero within 36 months or the child born within 45 months after death.
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Court must set aside a child's share of personal property for the posthumously-conceived child and distribute the remainder of the estate according to intestate succession laws, with the ability to close the estate pending final distribution to the child.
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Intends for posthumously-conceived children deemed living under this law to be eligible for federal Social Security benefits.
Legislative Description
Intestate succession; child conceived by assisted reproduction after decedent's death is deemed to be living at the time of death.
Last Action
Approved by Governor
5/13/2024