H.F. _____ Section 1. Section 252A.3, Code 2009, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 4A. a. A child born of parents who at any 3 time prior to the birth of the child entered into a civil or 4 religious marriage ceremony is deemed the legitimate child of 5 both parents, regardless of the validity of such marriage, if 6 all of the following conditions are met: 7 (1) The marriage was not thereafter dissolved prior to the 8 death of either parent. 9 (2) The child was conceived and born after the death of 10 a parent or was born as the result of the implantation of an 11 embryo after the death of a parent. 12 (3) A genetic parent-child relationship between the child 13 and the deceased parent is established. 14 (4) The deceased parent, in a signed writing, authorized the 15 other parent to use the deceased parent’s genetic material to 16 initiate the posthumous procedure that resulted in the child’s 17 birth, or the deceased parent, by a specific reference to the 18 genetic material, bequeathed the genetic material to the other 19 parent in a valid will. 20 (5) The child is born within two years of the death of the 21 deceased parent. 22 b. For the purposes of this subsection, “genetic material” 23 means sperm, eggs, or embryos. 24 NEW SUBSECTION . 5A. a. A child born of parents who at 25 any time prior to the birth of the child held themselves out 26 as spouses by virtue of a common law marriage is deemed the 27 legitimate child of both parents, if all of the following 28 conditions are met: 29 (1) The marriage was not thereafter dissolved prior to the 30 death of either parent. 31 (2) The child was conceived and born after the death of 32 a parent or was born as the result of the implantation of an 33 embryo after the death of a parent. 34 (3) A genetic parent-child relationship between the child 35 -1- LSB 6142HC (5) 83 pf/nh 1/ 6

H.F. _____ and the deceased parent is established. 1 (4) The deceased parent, in a signed writing, authorized the 2 other parent to use the deceased parent’s genetic material to 3 initiate the posthumous procedure that resulted in the child’s 4 birth, or the deceased parent, by a specific reference to the 5 genetic material, bequeathed the genetic material to the other 6 parent in a valid will. 7 (5) The child is born within two years of the death of the 8 deceased parent. 9 b. For purposes of this subsection, “genetic material” means 10 sperm, eggs, or embryos. 11 Sec. 2. NEW SECTION . 633.220A Posthumous child. 12 1. For the purposes of rules relating to intestate 13 succession, a child of an intestate conceived and born after 14 the intestate’s death or born as the result of the implantation 15 of an embryo after the death of the intestate is deemed a child 16 of the intestate as if the child had been born during the 17 lifetime of the intestate and had survived the intestate, if 18 all of the following conditions are met: 19 a. A genetic parent-child relationship between the child and 20 the intestate is established. 21 b. The intestate, in a signed writing, authorized the 22 intestate’s surviving spouse to use the deceased parent’s 23 genetic material to initiate the posthumous procedure that 24 resulted in the child’s birth. 25 c. The child is born within two years of the death of the 26 intestate. 27 2. Any heir of the intestate whose interest in the 28 intestate’s estate would be reduced by the birth of a child 29 born as provided in subsection 1 shall have one year from the 30 birth of the child within which to bring an action challenging 31 the child’s right to inherit under this chapter. 32 3. For the purposes of this section, “genetic material” 33 means sperm, eggs, or embryos. 34 Sec. 3. Section 633.267, Code 2009, is amended to read as 35 -2- LSB 6142HC (5) 83 pf/nh 2/ 6

H.F. _____ follows: 1 633.267 Children born or adopted after execution of will. 2 1. If a testator fails to provide in the testator’s will 3 for any child of the testator’s children testator born to or 4 adopted by the testator after the execution of the testator’s 5 last will, such child, whether born before or after the 6 testator’s death, shall receive a share in the estate of the 7 testator equal in value to that which the child would have 8 received under section 633.211 , 633.212 , or 633.219, after 9 taking into account the spouse’s intestate share under section 10 633.211 or section 633.212, whichever section or sections are 11 applicable, if the testator had died intestate, unless it 12 appears from the will that such omission was intentional. 13 2. a. For the purposes of this section, a child born after 14 the testator’s death includes a child of the testator conceived 15 and born after the testator’s death, or a child born as the 16 result of the implantation of an embryo after the testator’s 17 death, if all of the following conditions are met: 18 (1) A genetic parent-child relationship between the child 19 and the testator is established. 20 (2) The testator, in a signed writing, authorized the 21 testator’s surviving spouse to use the deceased parent’s 22 genetic material to initiate the posthumous procedure that 23 resulted in the child’s birth or the testator by specific 24 reference to the genetic material, bequeathed the genetic 25 material to the other parent in a valid will. 26 (3) The child is born within two years of the death of the 27 testator. 28 b. For the purposes of this subsection, “genetic 29 material” means sperm, eggs, or embryos. 30 Sec. 4. Section 633.477, Code 2009, is amended by adding the 31 following new subsection: 32 NEW SUBSECTION . 13. A statement as to whether the 33 decedent left any genetic material, and if the decedent left 34 genetic material, if the personal representative has reserved 35 -3- LSB 6142HC (5) 83 pf/nh 3/ 6

H.F. _____ sufficient estate assets to fund the distribution to which 1 posthumous heirs, if any, would be entitled to receive; that 2 the personal representative will wait until two years after the 3 decedent’s date of death to make final distributions; and that 4 the personal representative will submit a supplemental report 5 after such final distributions have been made. 6 Sec. 5. Section 633A.3106, Code 2009, is amended to read as 7 follows: 8 633A.3106 Children born or adopted after execution of a 9 revocable trust. 10 1. When a settlor fails to provide in a revocable trust 11 for any of the settlor’s children born to or adopted by the 12 settlor after the execution of the trust or the last amendment 13 to the trust, such child, whether born before or after the 14 settlor’s death, shall receive a share of the trust equal in 15 value to that which the child would have received under section 16 633.211 , 633.212 , or 633.219, after taking into account the 17 spouse’s intestate share under section 633.211 or section 18 633.212, whichever is applicable, as if the settlor had died 19 intestate, unless it appears from the terms of the trust or 20 decedent’s will that such omission was intentional. 21 2. For the purposes of this section, a child born after the 22 death of the settlor who would have been entitled to a share 23 of the settlor’s probate estate pursuant to section 633.267 24 shall be treated as a child of the settlor for purposes of this 25 section. 26 EXPLANATION 27 This bill relates to the status of posthumously conceived 28 and born children in the context of legitimacy, inheritance, 29 rights to claim an after-born child’s share, and other rights. 30 The bill provides that if a child is born of parents who 31 entered into a civil or religious marriage ceremony or a common 32 law marriage at any time prior to the birth of the child, 33 the child is deemed the legitimate child of both parents, 34 regardless of the validity of such marriage, if the marriage 35 -4- LSB 6142HC (5) 83 pf/nh 4/ 6

H.F. _____ was not thereafter dissolved prior to the death of either 1 parent, if the child was conceived and born after the death 2 of a parent, and if these conditions are met: a genetic 3 parent-child relationship between the child and the deceased 4 parent is established; the deceased parent authorized the other 5 parent, in a written instrument or by specific bequest in a 6 valid will, to use the deceased parent’s genetic material to 7 initiate the posthumous procedure that resulted in the child’s 8 birth; and the child is born within two years of the death of 9 the deceased parent. 10 In the context of intestate succession, the bill provides 11 that a child of an intestate conceived and born after the 12 intestate’s death is the intestate’s child just as if the 13 child had been born in the lifetime of the intestate and had 14 survived the intestate if three conditions are met: a genetic 15 parent-child relationship between the child and the intestate 16 is established; the intestate authorized the surviving spouse, 17 in a signed writing, to use the deceased parent’s genetic 18 material to initiate the posthumous procedure that resulted in 19 the child’s birth; and the child is born within two years of 20 the death of the intestate. Additionally, the bill provides 21 that any heir of the intestate whose interest in the estate 22 of the intestate will be reduced by the birth of a child born 23 posthumously, shall have one year from the birth of the child 24 within which to bring an action to challenge the child’s right 25 to a share of the estate. 26 In the context of testate succession, the bill provides that 27 a child born after the testator’s death includes a child of 28 the testator born after the testator’s death, if the following 29 conditions are all met: a genetic parent-child relationship 30 between the child and the testator is established; the testator 31 authorized the surviving spouse, in a signed writing, to use 32 the testator’s genetic material to initiate the posthumous 33 procedure that resulted in the child’s birth; and the child 34 is born within two years of the death of the testator. Such 35 -5- LSB 6142HC (5) 83 pf/nh 5/ 6

H.F. _____ after-born child would receive a share in the estate of the 1 testator equal in value to that which the child would have 2 received under the applicable Code sections relating to 3 intestate succession, unless it appears from the will that 4 omission from the will relative to the child was intentional. 5 In the context of a revocable trust, the bill provides that 6 a child born after death of the settlor who would have been 7 entitled to a share of the settlor’s probate estate shall be 8 treated as a child of the settlor. 9 -6- LSB 6142HC (5) 83 pf/nh 6/ 6