(a) Notwithstanding the provisions of any law to the contrary, a child conceived after the death of a decedent who specifically authorized the decedent's surviving spouse, in a writing that is either notarized or witnessed by a licensed physician or a person acting under the supervision of a licensed physician, to use the decedent's gametes after the decedent's death shall be deemed the child of the decedent with the right to inherit from the decedent if the child is conceived within twelve (12) months following the death of the decedent and born within nineteen (19) months following the death of the decedent.
(b) This section is retroactive to December 1, 2009, solely for the purpose of establishing a posthumous child's entitlement to Social Security benefits under the federal Social Security Act, 42 U.S.C. ยง 402(d), deriving from the decedent.
Section: Previous 28-9-208 28-9-209 28-9-210 28-9-211 28-9-212 28-9-213 28-9-214 28-9-215 28-9-216 28-9-217 28-9-218 28-9-219 28-9-220 28-9-221Last modified: November 15, 2016