posthumous conception

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176 documents for posthumous conception
  • Introduction I. Problems Of Paternity And Inheritance A. The Posthumously Conceived Child is Not a "Child" B. Legal Status to Inherit 1. Testate Inheritance 2. Intestate Inheritance 3. Social Security Benefits II. Louisiana's Legislation: Louisiana Revised Statutes 9:391.1 III. Competing Policies In Posthumous Conception A. State Interests 1. Timely Disposition of Estates 2. Welfare of the Child 3. Public Dependency B. Decedent's Interests C. Child's Interests D. The Balance of Competing Interests in Louisiana's Legislation IV. Comparison To Other Jurisdictions A. Jurisprudence 1. Parpalaix c. Centres d'Etude et de Conservation des Ouefs et du Sperme humains 2. Hecht v. Superior Court 3. Hart v. Shalala 4. In re Estate of William J. Kolacy 5. Woodward v. Commissioner of Social Security ...

  • ... death under California law, due to her posthumous conception. Vernoff also appeals the district ...

  • The U.S. Supreme Court will decide whether children who are conceived after the death of a biological parent are eligible for Social Security survivor benefits when state law denies them the right to an inheritance. The Court will review a 3rd Circuit decision that the posthumously conceived children of a deceased wage earner and his widow are "children" within the meaning of the Social Security Act. (See "Posthumously conceived twins may get benefits," Lawyers USA, Jan. 5, 2011.)

  • Francia Prystauk stood before state pension board members earlier this month with a kind of story they had never heard before. Her husband, Gary, a retired Newark police captain, had died in a scuba diving accident in 2006, and she was there to seek pension benefits for their son. A routine enough request, except for one crucial detail -- the child was conceived after her husband's death.

    ... the scientific advances that allow for posthumous conception. "We've never had this type of issue ...

  • ..., even if one parent dies before actual conception. (4) Known as posthumous conception, this form of ...

  • After what appeared to be a miraculous recovery during a two month period where SGT Smith was competently communicating with his family and physicians and had gained enough strength to move about with assistance, SGT Smith's health began to decline to the point where he entered a persistent vegetative state.3 Before life support was removed, SGT Smith's parents, the next-of-kin and attorneys-in-fact pursuant to SGT Smith's Durable Power of Attorney for Health Care, petitioned the hospital to extract SGT Smith's sperm so that his fiancee may later bear his child. With recent advances in assistive reproduction technology4 and the high rate of injury and death among military servicemembers stationed in Iraq and Afghanistan,5 the military is ripe for issues surrounding the posthumous conce...

    ... for issues surrounding the posthumous conception6 of children conceived to individuals killed on ...

  • ... in technology allow medically assisted conception to reduce the chance of passing on certain ... after the genetic father has died (posthumous conception), or after his divorce from the ...

  • Introduction. II. Identification of Mother. III. Presumption Applied to First and Second Husbands: Disavowal and Resurrection of Presumption. IV. Contestation Action by The Mother: New but Limited. V. Legitimation by Subsequent Marriage Becomes a Presumption of Paternity. VI. Formal Acknowledgment as a Presumption: Depends Upon Age of Child and The Issue Litigated. VII. Limited Recognition of Dual Paternity When Asserted by The Father. VIII. Federalization of Family Law. IX. Conclusion. Appendix A. Report of the Task Force on Assisted Conception. I. Assisted Insemination. A. Existing law. B. Considerations. III. Surrogacy Agreements. A.Genetic/gestational. B. Gestational. IV. Egg Donation.A. Existing law. B. Considerations. V. Embryo Donation. A. Existing law. B. Considerations. V...

    .... . VI. Posthumous Children . A. Existing law: . La. C.C. 26. ...

  • Art Mistake And Mix-Up Stories II. Proposed Model Act´S Provisions Regarding Parentage III. Statutory And Common Law Inadequacy In Art Mix-Up Cases A. Contract 1. In case I am mistakenly given the wrong gamete or wrong embryo: 2. In case my gamete or embryo is mistakenly given to someone else: B. Intent Standard C. Statutory Uniform Parentage Act (UPA) Provisions D. Genetics IV. Proposed Alternative A. A Labor-Based Theory of Parentage B. Proposed Labor-Based Priorities C. Relational, Child-Centeredness V. Conclusion

    ... Uniform Status of Children of Assisted Conception Act 55 and the original UPA. 56 . . . ... parentage, inheritance rights, posthumous conception, custody and visitation, child ...

  • Introduction II. Assisted Reproductive Technologies III. The Legal Issues IV. The Role Of Mandatory Rules Of The Forum And Of Public Policy V. Conclusions

    ...) or succession (e.g., capacity of posthumously reproduced child to inherit). A brief outline of ... reach a decision contrary to its own conceptions of justice. The decision might also be different ...

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