California Probate Code

§ 249.5

PROB § 249.5 Effective Jan 1, 2006Div. 2 · Part 6 · Ch. 3

Statute text

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.

…

Legislative history

Amended by Stats. 2005, Ch. 285, Sec. 1. Effective January 1, 2006.