Sunday, August 24, 2014
Daniel C. Perrone (London Fischer LLP) recently published an article entitled, Breaking the Ice: Expanding the Class of “Issue” to Include Posthumously Conceived Children, 27 J. Civ. Rts. & Econ. Dev. 369-392 (2014). Provided below is a portion of the article’s introduction:
In New York, some innocent children, namely, posthumously conceived children, are suffering the consequences of the state legislature's failure to sync the law with technology. Advancements in biotechnology have enabled people to conceive genetically related children, even after their own death. These children, however, face the dire consequence of being denied inheritance rights, referred to herein as a "class gift," merely because of the circumstances surrounding their birth. Admittedly, posthumously conceived children do not come into the world the way the majority of children do, but they are children, who should be granted the same rights, benefits and privileges that other children enjoy.