A recent movie featured a sperm donor who finds out he has hundreds of living biological children. Is art imitating life here? This past year,
a well-known reality show winner revealed he had recently met some of his biological children, after having donated sperm several years back.
From my point of view as an estate planning attorney, what comes to mind is a really fascinating hypothetical: what if you have had your own biological material, such as sperm, or eggs, or embryos, frozen and placed in storage, and wish to legally pass them along to your designated beneficiaries?
I have written in previous blogs about the importance of including specific bequests in a legally valid will or trust. And it is consistent with that information that if you do have such biological “assets” that you will absolutely want to specify them in your legal bequests. This article is not meant to address family law issues such as paternity and postmortem fertility, or ethical ones such as reproduction and genetic property.
About a decade ago, California enacted laws (CA Health and Safety Code §125315) requiring disclosure of “timely, relevant, and appropriate information” to patients faced with decisions regarding frozen embryos. Patients may sign documents for the doctor or clinic with instructions as to the disposition of their embryos. Whatever directions these patients would add to a will or trust should reflect those same instructions in order to prevent legal conflicts.
What I hope to do is to encourage everyone to take the time for serious consideration of all aspects of your intended legacy including your plans for your assets, and to reinforce the importance of having a complete, up-to-date estate plan. Please call on me with any and all questions and issues relating to your estate planning needs. You can contact me to set up a consultation at
818.956.9200818.956.9200.
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Glendale, CA 91207
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Sherman Oaks, CA 91403