An Act To Amend Title 12 And Title 13 Of The Delaware Code Relating To The Inheritance Rights Of Issue And Posthumous Children
Impact
The proposed changes in SB123 would significantly impact how inheritance is determined in the state, particularly addressing gaps in existing laws regarding posthumous children and those conceived through assisted reproductive technology. By accepting the legitimacy of such children under the intestacy laws, the bill seeks to eliminate ambiguities and provide clarity for families navigating the complexities of estate inheritance. This amendment also aligns Delaware's laws with evolving familial norms and reproductive technologies.
Summary
Senate Bill 123 aims to amend Titles 12 and 13 of the Delaware Code to clarify the inheritance rights of issue and posthumous children. Noting the nuances surrounding these categories, the bill is designed to ensure that children born after the execution of a parent's will, as well as those conceived via assisted reproduction, are treated fairly in matters of inheritance. The bill stipulates a timeline and criteria for determining inheritance rights, aiming to modernize and reflect changes in family structures.
Sentiment
The sentiment surrounding SB123 is largely supportive, particularly among advocacy groups that focus on family and children's rights. Legislators appear to recognize the necessity of updating the legal framework to be more inclusive. However, there are concerns from some legal experts regarding the practical implications of the bill, particularly as it pertains to potential disputes over inheritance issues among extended families. Despite these concerns, the general atmosphere during discussions has been one of recognition of the bill’s intent to protect the rights of all children.
Contention
One notable point of contention revolves around the provision that stipulates a child conceived via assisted reproduction must be born within a specified time frame after the parent's death to qualify for inheritance. Critics argue that this may inadvertently exclude some children who, due to circumstances beyond their control, might not meet these timelines. Additionally, there are concerns about the ramifications this may have on legal disputes regarding parentage and rights, especially among families with complex structures.
Provides for parental authority of married persons, obligations of children, parents, and other ascendants, and provisional custody by mandate. (1/1/16) (EN NO IMPACT See Note)