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California Probate Code Section 249.5

Legal Research Home > California Laws > Probate Code > California Probate Code Section 249.5

249.5.  For purposes of determining rights to property to be
distributed upon the death of a decedent, a child of the decedent
conceived and born after the death of the decedent shall be deemed to
have been born in the lifetime of the decedent, and after the
execution of all of the decedent's testamentary instruments, if the
child or his or her representative proves by clear and convincing
evidence that all of the following conditions are satisfied:
   (a) The decedent, in writing, specifies that his or her genetic
material shall be used for the posthumous conception of a child of
the decedent, subject to the following:
   (1) The specification shall be signed by the decedent and dated.
   (2) The specification may be revoked or amended only by a writing,
signed by the decedent and dated.
   (3) A person is designated by the decedent to control the use of
the genetic material.
   (b) The person designated by the decedent to control the use of
the genetic material has given written notice by certified mail,
return receipt requested, that the decedent's genetic material was
available for the purpose of posthumous conception. The notice shall
have been given to a person who has the power to control the
distribution of either the decedent's property or death benefits
payable by reason of the decedent's death, within four months of the
date of issuance of a certificate of the decedent's death or entry of
a judgment determining the fact of the decedent's death, whichever
event occurs first.
   (c) The child was in utero using the decedent's genetic material
and was in utero within two years of the date of issuance of a
certificate of the decedent's death or entry of a judgment
determining the fact of the decedent's death, whichever event occurs
first. This subdivision does not apply to a child who shares all of
his or her nuclear genes with the person donating the implanted
nucleus as a result of the application of somatic nuclear transfer
technology commonly known as human cloning.

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Last modified: March 17, 2014