CHAPTER 803a

CHILDREN CONCEIVED THROUGH ARTIFICIAL INSEMINATION.
CHILDREN OF DECEDENT CONCEIVED AND BORN AFTER
DEATH OF DECEDENT

Table of Contents

Sec. 45a-771. (Formerly Sec. 45-69f). Child born as a result of artificial insemination legitimate.

Sec. 45a-771a. Definitions.

Sec. 45a-772. (Formerly Sec. 45-69g). A.I.D. Who may perform. Consent required.

Sec. 45a-773. (Formerly Sec. 45-69h). Request and consent to be filed in Probate Court. Confidentiality.

Sec. 45a-774. (Formerly Sec. 45-69i). Status of child born as result of A.I.D.

Sec. 45a-775. (Formerly Sec. 45-69j). No rights in donor of sperm or eggs.

Sec. 45a-776. (Formerly Sec. 45-69k). Status of child determined by jurisdiction of birth.

Sec. 45a-777. (Formerly Sec. 45-69l). Inheritance by child conceived as a result of A.I.D.

Sec. 45a-778. (Formerly Sec. 45-69m). Words of inheritance to apply to child conceived through A.I.D.

Sec. 45a-779. (Formerly Sec. 45-69n). Status of child conceived through A.I.D., born prior to October 1, 1975.

Secs. 45a-780 to 45a-784. Reserved

Sec. 45a-785. Property rights of child of decedent conceived and born after death of decedent. Written document re posthumous conception of child. Probate Court jurisdiction.

Sec. 45a-786. When fiduciary is personally chargeable for assets distributed to a beneficiary or heir.

Sec. 45a-787. Liability of beneficiary.

Sec. 45a-788. Maximum liability of beneficiary.


Sec. 45a-771. (Formerly Sec. 45-69f). Child born as a result of artificial insemination legitimate. (a) It is declared that the public policy of this state has been an adherence to the doctrine that every child born to a married woman during wedlock is legitimate.

(b) Sections 45a-771 to 45a-779, inclusive, shall be construed as a codification and clarification of such doctrine with respect to any child conceived as a result of heterologous artificial insemination.

(P.A. 75-233, S. 1; P.A. 76-279, S. 1; P.A. 80-476, S. 174.)

History: P.A. 76-279 substituted “clarification” for “extension”; P.A. 80-476 divided section into Subsecs.; Sec. 45-69f transferred to Sec. 45a-771 in 1991.

Annotation to former section 45-69f:

Cited. 34 CS 187.

Sec. 45a-771a. Definitions. For the purposes of sections 45a-771 to 45a-779, inclusive:

(1) “Artificial insemination” means a medical procedure in which the fertilization of a human egg is assisted through artificial means and includes, but is not limited to, intrauterine insemination and in vitro fertilization; and

(2) “Artificial insemination with donor sperm or eggs” or “A.I.D.” means artificial insemination with the use of donated sperm or eggs from an identified or anonymous donor.

(P.A. 07-93, S. 1.)

Sec. 45a-772. (Formerly Sec. 45-69g). A.I.D. Who may perform. Consent required. (a) A.I.D. may be performed in this state only by persons certified to practice medicine in this state pursuant to chapter 370.

(b) A.I.D. shall not be performed unless the physician receives in writing the request and consent of the husband and wife desiring the utilization of A.I.D. for the purpose of conceiving a child or children.

(P.A. 75-233, S. 2, 3; P.A. 80-476, S. 175; P.A. 07-93, S. 2.)

History: P.A. 80-476 made minor changes in wording but no substantive change; Sec. 45-69g transferred to Sec. 45a-772 in 1991; P.A. 07-93 amended Subsec. (a) to substitute “A.I.D.” for “The technique known as heterologous artificial insemination, or artificial insemination with the semen of a donor, referred to in sections 45a-771 to 45a-779, inclusive, as A.I.D.”.

Sec. 45a-773. (Formerly Sec. 45-69h). Request and consent to be filed in Probate Court. Confidentiality. (a) Whenever a child is born who was conceived by the use of A.I.D., a copy of the request and consent required under subsection (b) of section 45a-772, together with a statement of the physician who performed the A.I.D., that to the best of his knowledge the child was conceived by the use of A.I.D., shall be filed with the judge of probate in the district in which the child was born or in which the child resides.

(b) The information contained in such statement may be disclosed only to the persons executing the consent. No other person shall have access to the information except upon order of the Probate Court for cause shown.

(P.A. 75-233, S. 4; P.A. 76-435, S. 8, 82; P.A. 80-476, S. 176.)

History: P.A. 76-435 made technical change; P.A. 80-476 divided section into Subsecs. and made minor changes in wording; Sec. 45-69h transferred to Sec. 45a-773 in 1991.

Sec. 45a-774. (Formerly Sec. 45-69i). Status of child born as result of A.I.D. Any child or children born as a result of A.I.D. shall be deemed to acquire, in all respects, the status of a naturally conceived legitimate child of the husband and wife who consented to and requested the use of A.I.D.

(P.A. 75-233, S. 5; P.A. 80-476, S. 177.)

History: P.A. 80-476 added the word “to” following “consented”; Sec. 45-69i transferred to Sec. 45a-774 in 1991.

Sec. 45a-775. (Formerly Sec. 45-69j). No rights in donor of sperm or eggs. An identified or anonymous donor of sperm or eggs used in A.I.D., or any person claiming by or through such donor, shall not have any right or interest in any child born as a result of A.I.D.

(P.A. 75-233, S. 6; P.A. 80-476, S. 178; P.A. 07-93, S. 3.)

History: P.A. 80-476 rephrased section; Sec. 45-69j transferred to Sec. 45a-775 in 1991; P.A. 07-93 replaced “A donor of sperm” with “An identified or anonymous donor of sperm or eggs” and replaced “him” with “such donor”.

Sec. 45a-776. (Formerly Sec. 45-69k). Status of child determined by jurisdiction of birth. (a) Any child conceived as a result of A.I.D. performed in Connecticut and born in another jurisdiction shall have his status determined by the law of the other jurisdiction unless the mother of the child is domiciled in Connecticut at the time of the birth of the child.

(b) If a child is conceived by A.I.D. in another jurisdiction but is born in Connecticut to a husband and wife who, at the time of conception, were not domiciliaries of Connecticut, but are domiciliaries at the time of the birth of the child, the child shall have the same status as is provided in section 45a-774, even if the provisions of subsection (b) of section 45a-772 and section 45a-773 may not have been complied with.

(P.A. 75-233, S. 7, 8; P.A. 76-279, S. 3, 4; P.A. 80-476, S. 179.)

History: P.A. 76-279 clarified provisions re domicile of mother in state in Subsec. (a) and of both parents in state in Subsec. (b) at time of child’s birth; P.A. 80-476 rephrased provisions and made technical corrections; Sec. 45-69k transferred to Sec. 45a-776 in 1991.

Sec. 45a-777. (Formerly Sec. 45-69l). Inheritance by child conceived as a result of A.I.D. (a) A child born as a result of A.I.D. may inherit the estate of his mother and her consenting spouse or their relatives as though he were the natural child of the mother and consenting spouse and he shall not inherit the estate from his natural father or his relatives.

(b) The mother and her consenting husband or their relatives may inherit the estate of a child born as a result of A.I.D., if the child dies intestate, and the natural father or his relatives shall not inherit from him.

(P.A. 75-233, S. 9; P.A. 80-476, S. 180.)

History: P.A. 80-476 divided section into Subsecs. and made minor wording changes; Sec. 45-69l transferred to Sec. 45a-777 in 1991.

Sec. 45a-778. (Formerly Sec. 45-69m). Words of inheritance to apply to child conceived through A.I.D. (a) The words “child”, “children”, “issue”, “descendant”, “descendants”, “heir”, “heirs”, “unlawful heirs”, “grandchild” and “grandchildren”, when used in any will or trust instrument, shall, unless the document clearly indicates a contrary intention, include children born as a result of A.I.D.

(b) The provisions of this section shall apply to wills and trust instruments whether or not executed before, on or after October 1, 1975, unless the instrument indicates an intent to the contrary.

(P.A. 75-233, S. 10; P.A. 80-476, S. 181.)

History: P.A. 80-476 divided section into Subsecs. and corrected spelling of “descendant(s)”; Sec. 45-69m transferred to Sec. 45a-778 in 1991.

See Sec. 45a-262 re application of words of inheritance to child conceived through A.I.D. or child of decedent conceived and born after death of decedent.

Sec. 45a-779. (Formerly Sec. 45-69n). Status of child conceived through A.I.D., born prior to October 1, 1975. Nothing in sections 45a-771 to 45a-779, inclusive, shall be construed as a change or modification of the rights or status of children born before October 1, 1975, but shall be construed as a clarification and codification of the rights and status which the children had on said date.

(P.A. 75-233, S. 12; P.A. 76-279, S. 2; P.A. 80-476, S. 182.)

History: P.A. 76-279 rephrased provisions to delete specific reference to A.I.D. children and to require construction as “clarification and codification” of rights and status of children born before October 1, 1975; P.A. 80-476 made minor changes in wording; Sec. 45-69n transferred to Sec. 45a-779 in 1991.

Secs. 45a-780 to 45a-784. Reserved for future use.

Sec. 45a-785. Property rights of child of decedent conceived and born after death of decedent. Written document re posthumous conception of child. Probate Court jurisdiction. (a) For purposes of determining rights to property to be distributed upon the death of a decedent, a child of the decedent conceived and born after the death of the decedent shall be deemed to have been born in the lifetime of the decedent and after the execution of all of the decedent’s testamentary instruments, if:

(1) The decedent executed a written document that: (A) Specifically set forth that his sperm or her eggs may be used for the posthumous conception of a child, (B) specifically provided his or her spouse with authority to exercise custody, control and use of the sperm or eggs in the event of his or her death, and (C) was signed and dated by the decedent and the surviving spouse; and

(2) The child posthumously conceived using the decedent’s sperm or eggs was in utero not later than one year after the date of death of the decedent spouse.

(b) The surviving spouse of a decedent who has executed a document described in subsection (a) of this section shall provide a copy of such document to (1) the fiduciary of the decedent’s estate, if a Probate Court has admitted the decedent’s will to probate or granted administration of the decedent’s estate, or (2) the person filing an affidavit or statement in lieu of administration, if the estate is being settled under section 45a-273, not later than thirty days after the date of the decedent’s death, appointment of a first fiduciary, or filing of an affidavit or statement in lieu of administration, whichever is latest. Not later than thirty days after the date of receipt of such document, the fiduciary of the decedent’s estate or person filing an affidavit or statement in lieu of administration shall provide written notification of the existence of such document to the court. In the absence of being in possession of a document described in subsection (a) of this section, if the fiduciary of the decedent’s estate or person filing an affidavit or statement in lieu of administration has actual knowledge that the decedent, during his or her lifetime, preserved sperm or eggs, or executed a document described in subsection (a) of this section, such fiduciary or person shall provide written notification to the court. The failure of a surviving spouse, fiduciary or person filing an affidavit or statement in lieu of administration to comply with the notice requirements prescribed in this subsection shall not impair a child’s right to property under subsection (a) of this section.

(c) Except as provided in section 45a-787, the Probate Court having jurisdiction of the estate of the decedent, or if no probate proceedings have been commenced, the Probate Court for the district in which the decedent was domiciled at the time of death, shall have jurisdiction over any dispute relating to the rights to property of a child conceived and born after the death of a decedent, whether or not the property is part of the probate estate. A child or person acting on behalf of a child who claims rights to the property of a decedent under subsection (a) of this section shall prove such claim by clear and convincing evidence.

(P.A. 13-301, S. 1; P.A. 14-122, S. 54.)

History: P.A. 14-122 made a technical change in Subsec. (b)(2).

Sec. 45a-786. When fiduciary is personally chargeable for assets distributed to a beneficiary or heir. No fiduciary shall be personally chargeable for any assets that a fiduciary may have distributed to any beneficiary or heir when it is determined after the fiduciary made distributions that a child born after the death of the decedent, as provided in subsection (a) of section 45a-785, is entitled to property from the estate, unless: (1) In accordance with the requirements of subsection (b) of section 45a-785, the surviving spouse of the decedent provided the fiduciary with a copy of a document executed by the decedent in accordance with the requirements of subsection (a) of section 45a-785, (2) the fiduciary had actual knowledge at the time of the distributions that the decedent, during his or her lifetime, preserved sperm or eggs or executed a document described in subsection (a) of section 45a-785, or (3) not later than one hundred fifty days after the date of the appointment of the first fiduciary, a person acting on behalf of the child provided written notice to the fiduciary that a child meeting the requirements of subsection (a) of section 45a-785 has been or may be conceived.

(P.A. 13-301, S. 3.)

Sec. 45a-787. Liability of beneficiary. (a) Following final distribution of all assets known to a fiduciary, if an action is brought in the Superior Court by a child or on behalf of a child claiming rights to property under subsection (a) of section 45a-785, a beneficiary shall be liable, in such action brought by or on behalf of such child, to the extent of the fair market value on the date of distribution of any assets received by such beneficiary from the estate of a decedent, for the property to which the child is entitled and which has not previously been recovered out of assets held by the fiduciary or from any other source described in subsection (b) of this section. For purposes of this section, the date of distribution of real estate specifically devised and real estate passing under the laws of descent and distribution shall be the date of the decedent’s death.

(b) No liability may be imposed upon any such beneficiary under subsection (a) of this section, unless the plaintiff establishes to the court that the obligation to the plaintiff cannot be fully satisfied: (1) Because there are insufficient assets available for such purpose in the hands of the fiduciary; and (2) by action against persons prior in liability to the beneficiary under subsections (a), (b) and (c) of section 45a-369, because such persons are insolvent or for any other reason, other than not being amenable to suit in this state, cannot be made to answer for their liabilities.

(P.A. 13-301, S. 4.)

Sec. 45a-788. Maximum liability of beneficiary. The maximum liability to which a beneficiary is subject under subsection (a) of section 45a-787 is the beneficiary’s ratable obligation, in the proportion that the value of the assets passing to the beneficiary bears to the value of all such assets passing to beneficiaries within the same order of liability as the beneficiary under subsection (a) of section 45a-369, and no judgment may be had or entered in favor of any plaintiff against any such beneficiary for more than such ratable obligation.

(P.A. 13-301, S. 5.)