H.F. 63 Section 1. Section 252A.3, Code 2011, 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 1430YH (2) 84 pf/nh 1/ 6

H.F. 63 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 2011, is amended to read as 35 -2- LSB 1430YH (2) 84 pf/nh 2/ 6

H.F. 63 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. Any child of the testator whose share of the estate 29 would be reduced by the birth of a child born as provided in 30 paragraph “a” shall have one year from the birth of the child 31 within which to bring an action challenging the child’s right 32 to a share of the estate under this section. 33 c. For the purposes of this subsection, “genetic material” 34 means sperm, eggs, or embryos. 35 -3- LSB 1430YH (2) 84 pf/nh 3/ 6

H.F. 63 Sec. 4. Section 633.477, Code 2011, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 13. A statement as to whether the 3 decedent left any genetic material, and if the decedent left 4 genetic material, if the personal representative has reserved 5 sufficient estate assets to fund the distribution to which 6 posthumous heirs, if any, would be entitled to receive; that 7 the personal representative will wait until two years after the 8 decedent’s date of death to make final distributions; and that 9 the personal representative will submit a supplemental report 10 after such final distributions have been made. 11 Sec. 5. Section 633A.3106, Code 2011, is amended to read as 12 follows: 13 633A.3106 Children born or adopted after execution of a 14 revocable trust. 15 1. When a settlor fails to provide in a revocable trust for 16 any of the settlor’s children born to or adopted by the settlor 17 after the execution of the trust or the last amendment to the 18 trust, such child, whether born before or after the settlor’s 19 death, shall receive a share of the trust equal in value to 20 that which the child would have received under section 633.211 , 21 633.212 , or 633.219 , after taking into account the spouse’s 22 intestate share under section 633.211 or section 633.212, 23 whichever is applicable, as if the settlor had died intestate, 24 unless it appears from the terms of the trust or decedent’s 25 will that such omission was intentional. 26 2. For the purposes of this section, a child born after the 27 death of the settlor who would have been entitled to a share 28 of the settlor’s probate estate pursuant to section 633.267 29 shall be treated as a child of the settlor for purposes of this 30 section. 31 EXPLANATION 32 This bill relates to the status of posthumously conceived 33 and born children in the context of legitimacy, inheritance, 34 rights to claim an after-born child’s share, and other rights. 35 -4- LSB 1430YH (2) 84 pf/nh 4/ 6

H.F. 63 The bill provides that if a child is born of parents who 1 entered into a civil or religious marriage ceremony or a common 2 law marriage at any time prior to the birth of the child, 3 the child is deemed the legitimate child of both parents, 4 regardless of the validity of such marriage, if the marriage 5 was not thereafter dissolved prior to the death of either 6 parent, if the child was conceived and born after the death 7 of a parent, and if these conditions are met: a genetic 8 parent-child relationship between the child and the deceased 9 parent is established; the deceased parent authorized the other 10 parent, in a written instrument or by specific bequest in a 11 valid will, to use the deceased parent’s genetic material to 12 initiate the posthumous procedure that resulted in the child’s 13 birth; and the child is born within two years of the death of 14 the deceased parent. 15 In the context of intestate succession, the bill provides 16 that a child of an intestate conceived and born after the 17 intestate’s death is the intestate’s child just as if the 18 child had been born in the lifetime of the intestate and had 19 survived the intestate if three conditions are met: a genetic 20 parent-child relationship between the child and the intestate 21 is established; the intestate authorized the surviving spouse, 22 in a signed writing, to use the deceased parent’s genetic 23 material to initiate the posthumous procedure that resulted in 24 the child’s birth; and the child is born within two years of 25 the death of the intestate. Additionally, the bill provides 26 that any heir of the intestate whose interest in the estate 27 of the intestate will be reduced by the birth of a child born 28 posthumously, shall have one year from the birth of the child 29 within which to bring an action to challenge the child’s right 30 to a share of the estate. 31 In the context of testate succession, the bill provides that 32 a child born after the testator’s death includes a child of 33 the testator born after the testator’s death, if the following 34 conditions are all met: a genetic parent-child relationship 35 -5- LSB 1430YH (2) 84 pf/nh 5/ 6

H.F. 63 between the child and the testator is established; the testator 1 authorized the surviving spouse, in a signed writing, to use 2 the testator’s genetic material to initiate the posthumous 3 procedure that resulted in the child’s birth; and the child 4 is born within two years of the death of the testator. 5 Additionally, the bill provides that any child of the testator 6 whose share of the estate would be reduced by the birth of 7 a child born posthumously shall have one year from the birth 8 of the child within which to bring an action challenging the 9 child’s right to a share of the estate. Such after-born child 10 would receive a share in the estate of the testator equal in 11 value to that which the child would have received under the 12 applicable Code sections relating to intestate succession, 13 unless it appears from the will that omission from the will 14 relative to the child was intentional. In the context of a 15 revocable trust, the bill provides that a child born after 16 death of the settlor who would have been entitled to a share of 17 the settlor’s probate estate shall be treated as a child of the 18 settlor. 19 -6- LSB 1430YH (2) 84 pf/nh 6/ 6