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2017 Maryland Code
Estates and Trusts
Title 11 - Miscellaneous Rules
Subtitle 1 - General
§ 11-113. Posthumously conceived child.
Universal Citation: MD Est & Trusts Code § 11-113 (2017)
- (a) In general. -- If a decedent consented in a written record to use of the decedent's genetic material for posthumous conception in accordance with the requirements of § 20-111 of the Health - General Article, the following shall be filed with the register of wills for the county in which the decedent's estate is probated in the State or, if there is no probate estate filed, with the register of wills for the county in which the decedent was domiciled in the State at the date of death:
- (1) A copy of a posthumously conceived child's birth record; and
- (2) The written consents required by § 1-205(a)(2) or § 3-107(b) of this article.
- (b) Required filings. --
- (1) Subject to paragraph (2) of this subsection, the written consents required by § 1-205(a)(2) or § 3-107(b) of this article shall be filed under subsection (a) of this section within 6 months after the date of the decedent's death.
- (2) With respect to a decedent who dies between October 1, 2012, and May 30, 2013, inclusive, the written consents required by § 1-205(a)(2) or § 3-107(b) of this article shall be filed under subsection (a) of this section by December 1, 2013.
- (3) A copy of a posthumously conceived child's birth record shall be filed within 2 years and 60 days after the date of the decedent's death.
- (c) Immunity for property transfer where filings not made. -- Absent the filing as required in this section of a posthumously conceived child's birth record and the written consents required by § 1-205(a)(2) or § 3-107(b) of this article:
- (1) A person holding property that passes by reason of the death of the decedent may distribute or deliver the property without liability for a claim by any posthumously conceived child unknown to the person; and
- (2) The transferee of any such property shall be entitled to receive the property without liability for a claim by any posthumously conceived child unknown to the transferee.
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