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The New Uniform Probate Code's Surprising Gender Inequities

Kristine Knaplund, Pepperdine School of Law

Abstract

The new Uniform Probate Code provisions on assisted reproduction include the five critical elements needed to address the broad range of issues in current law and practice, and in general the provisions work well. But as the sections now stand, they pose a delicious irony regarding children conceived and born long after a parent’s death: they allow a woman, especially a married woman, to alter the property distribution of a man’s estate by having a postmortem conception child, but accord very few men the same power. After centuries of laws giving men complete control over their wives’ property, perhaps the new UPC is attempting to tip the balance the other way. This Article examines the 2008 provisions of the Uniform Probate Code regarding assisted reproduction, and in particular the proposed standards for determining parentage when a child is conceived after one of the intended parents has died, and recommends critical changes to the provisions before adoption by states.

Suggested Citation

Kristine Knaplund. 2010. "The New Uniform Probate Code's Surprising Gender Inequities" ExpressO
Available at: http://works.bepress.com/kristine_knaplund/6

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