Succession problems arising from artificial insemination, surrogate motherhood and test tube babies: a proposed solution

Recent advances in medical technology have created possible conflicts with estate succession. Three specific medical advances that confuse succession statutes are artificial insemination, surrogate motherhood, and “test tube babies.” These medical break-throughs have raised a burning question in the area of intestate succession: From whom will the child inherit, the natural parent,¹ the artificial parent (donor),² or both? This article will: 1) define the medical advances causing confusion in interpreting succession statutes; 2) discuss the current law of succession as it applies to each medical advance; and 3) propose a model statute to avoid the succession problems which currently exist.