Estate Planning in Light of New Developments in Same-Sex Relationships and Reproductive Science

Abstract

The growing societal acceptance of same-sex relationships along with the rapidly expanding use of assisted reproductive technology (ART) combine two challenges for family law and probate courts: Who will be treated as the spouse and who will be treated as the child (or further descendant)? This paper examines some of the legal issues you may encounter in your practice, points out drafting considerations and provides forms to deal with some of the issues raised.