SB460 (2008) Detail

Relative to the definition of surviving issue.


SB 460 – AS AMENDED BY THE SENATE

03/13/08 0861s

2008 SESSION

08-2635

01/05

SENATE BILL 460

AN ACT relative to the definition of surviving issue.

SPONSORS: Sen. Foster, Dist 13

COMMITTEE: Judiciary

ANALYSIS

This bill allows a parent who pre-deceases a child to be recognized as the child’s parent.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/13/08 0861s

08-2635

01/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT relative to the definition of surviving issue.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Descent, Distribution, and Advancements; Posthumous Child Inheritance; Child Conceived After Death of Parent. Amend RSA 561 by inserting after section 1 the following new section:

561:1-a Child Conceived After Death of Parent.

I. Notwithstanding any provision of law to the contrary, any child conceived after the death of a decedent, who specifically authorized in writing his or her surviving spouse to use his or her gametes, shall be deemed the child of such decedent with all rights, including the capacity to inherit from the decedent, as the child would have had if the child had been in existence at the time of death of the deceased parent, provided the child was born to the surviving spouse, using the gametes of the decedent, within 3 years of the death of the decedent.

II. Any heir or legatee of the decedent whose interest in the succession of the deceased shall be reduced by the birth of a child conceived as provided in paragraph I shall have one year from the birth of such child within which to bring an action to dispute the parenthood of the posthumously born child.

III. The burden of proof shall be on the posthumously born child or his or her legal representative to prove by a preponderance of the evidence that:

(a) He or she is the child of the deceased;

(b) It was the intent of the deceased that the child be born; and

(c) It was the intent of the deceased that he or she would support the child.

2 Applicability. This act shall apply to all children, including retroactively, conceived after the death of a parent.

3 Effective Date. This act shall take effect upon its passage.