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Family

Mar. 8, 2021

Strange new world: restrictions on the right to posthumously procreate

The right of a woman to use the extracted sperm of a deceased partner is a fairly new concept in California, and with the rapid advances in reproductive technology the courts of this state have attempted to keep pace.

Mark J. Phillips

Shareholder
Lewitt Hackman

Email: mphillips@lewitthackman.com

Mark is a certified specialist in estate planning, trust & probate law by the State Bar of California.

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Jake V. Phillips

Associate
Sheppard Mullin

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The right of a woman to use the extracted sperm of a deceased partner is a fairly new concept in California, and with the rapid advances in reproductive technology the courts of this state have attempted to keep pace. Now, in Robertson v. Saadat, 2021 DJDAR 4334 (May 1, 2020), the 2nd District Court of Appeal has reined in the right to sue for damages resulting from in...

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