Family
Oct. 1, 2019
Are assisted reproduction children included in your dynasty trust?
With thousands of children born each year using assisted insemination, in vitro fertilization, gestational carriers, many courts may soon be asked new questions about who is included in a trust as the settlor’s issue. By Kristine Knaplund
A 1959 trust for the settlor's "issue" or "descendants" expressly stated that "adoptions shall not be recognized." The settlor's daughter and her husband used assisted reproduction technology -- a donated egg and the husband's sperm -- to implant an embryo in a gestational carrier, who gave birth to twins. A court was asked to decide: Were those twins, who were not genetically related to the settlor, included in the trust as the settlor's issue?
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