Section 633.220A - Posthumous child.

IA Code § 633.220A (2019) (N/A)

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633.220A Posthumous child.

1. For the purposes of rules relating to intestate succession, a child of an intestate conceived and born after the intestate’s death or born as the result of the implantation of an embryo after the death of the intestate is deemed a child of the intestate as if the child had been born during the lifetime of the intestate and had survived the intestate, if all of the following conditions are met:

a. A genetic parent-child relationship between the child and the intestate is established.

b. The intestate, in a signed writing, authorized the intestate’s surviving spouse to use the deceased parent’s genetic material to initiate the posthumous procedure that resulted in the child’s birth.

c. The child is born within two years of the death of the intestate.

2. Any heir of the intestate whose interest in the intestate’s estate would be reduced by the birth of a child born as provided in subsection 1 shall have one year from the birth of the child within which to bring an action challenging the child’s right to inherit under this chapter.

3. For the purposes of this section, “genetic material” means sperm, eggs, or embryos.

2011 Acts, ch 18, §2

Referred to in §633.210

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