BILL ANALYSIS
AB 204
Page 1
Date of Hearing: April 12, 2005
ASSEMBLY COMMITTEE ON JUDICIARY
Dave Jones, Chair
AB 204 (Harman) - As Amended: March 10, 2005
PROPOSED CONSENT
SUBJECT : DECENDENTS' ESTATES: POSTHUMOUSLY CONCEIVED CHILDREN
KEY ISSUE : SHOULD NON-CONTROVERSIAL CLARIFYING CHANGES BE MADE
REGARDING THE INHERITANCE RIGHTS FOR POSTHUMOUSLY CONCEIVED
CHILDREN?
SYNOPSIS
This non-controversial bill is a clean up measure to the same
author's AB 1910, Chapter 775, Statutes of 2004, which
established the procedure for determining the rights of a
posthumously conceived child with respect to distribution of
property after the decedent's death. The bill clarifies that
the decedent's spouse or other designated person, rather than
the child or the child's representative, gives the notice that
the decedent's genetic material was available for posthumous
conception. It also clarifies that the written notice provision
applies to the posthumously conceived child subject to this
newly established procedure.
SUMMARY : Clarifies the conditions for distribution of property
after the decedent's death for a posthumously conceived child.
Specifically, this bill :
1)Requires that, for purposes of determining rights to property
to be distributed upon the death of a decedent, the decedent's
spouse or registered domestic partner or some other designated
person, rather than the child or the child's representative,
gives written notice by certified mail that the decedent's
genetic material was available for the purpose of posthumous
conception.
2)Clarifies that the written notice provision applies to a
decedent's child, conceived after the death of the decedent,
subject to the provisions requiring the written notice.
EXISTING LAW :
AB 204
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1)Provides that, for purposes of determining rights to property
to be distributed upon the death of a decedent, a child of the
decedent conceived after the decedent's death, other than a
child conceived as a result of human cloning, is deemed to
have been born in the decedent's lifetime if the child or his
or her representative proves by clear and convincing evidence
that specified conditions are satisfied including the
requirement that the child or the child's representative has
given written notice by certified mail that the decedent's
genetic material was available for the purpose of posthumous
conception.
2)Bars a decedent's child, conceived after the decedent's death,
or the child's representative from making a claim against the
person making or receiving the distribution of the decedent's
property when the claim is based on wrongful distribution and
written notice has not been given in a timely manner.
FISCAL EFFECT : As currently in print this bill is keyed
nonfiscal.
COMMENTS : Last year, AB 1910 (Harman), Chapter 775,
established the procedure for determining the rights of a
posthumously conceived child with respect to distribution of
property after the decedent's death. It required the
posthumously conceived child or the child's representative to
prove, by clear and convincing evidence, specified facts to
establish those rights. It further prohibited a person with
control over the distribution of decedent's property, upon
receipt of a required written notice or actual knowledge that
decedent's genetic material was available for purposes of
posthumous conception of a child, from making any distribution
of property or paying death benefits before two years after
issuance of a certificate of decedent's death or court order
establishing the fact of decedent's death, whichever is earlier.
The bill relieved persons with control over the distribution of
decedent's property from liability for making distributions
unless the person receives a required written notice or has
actual knowledge that decedent intended to have a posthumously
conceived child by depositing genetic material prior to his or
her death for that purpose.
Due to time constraints last year, the author was unable to make
a few clarifying additions to the bill. This bill, AB 204, will
AB 204
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make these changes and help further explain the intent and
purpose of the requirements for inheritance set forth in AB
1910.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file.
Opposition
None on file.
Analysis Prepared by : Cindy Fischer / JUD. / (916) 319-2334